In today's world,many countries and regions,such as France and Japan law are clear rules of the divorce damage compensation system.In our country,divorce damage compensation system is the system,a relatively young in the judicial practice gradually exposed some problems to be solved.And its content and essence of dispute,until now still no final verdict.
First in this paper,the first part of the divorce damage compensation system,basic overview of the contents listed the divorce damage compensation system in our country's legislation; List again in France,Switzerland and Taiwan divorce damage compensation system,according to the laws in these countries and regions of divorce damage compensation system established in our country,some even is the ancestor of the system,and choosing the divorce damage compensation system with their own characteristics,will be compared with the system in our country,discuss its special place and our country the system of social ethics color;
In the second part,this article explains the academia for divorce damage compensation system properties of two kinds of law,the liability for breach of contract and tort liability,and contact the social ethical analysis to discuss the two views of actor and bad,and according to the author's analysis on the legal attribute of divorce damage compensation system of dispute clear opinions;
The third part,this article obtains from the essence,detailed analyze the new "marriage law" article 46,the interpretation of the provisions of the content,and analyze the components of the divorce damage compensation and provisions and one-to-one correspondence,the understanding of the articles puts forward the authors own opinion; Finally combining the judicial practice highlights on some outstanding issues,and point out the deficiency in provisions in practical application,from two aspects of implementing amendments and practice and put forward feasible solutions.
Key words:constitutive requirements to perfect the system of divorce damage compensation legal attributes