Journal Article

The Divorce Damages System in China: Legislation and Practice

Wei Chen, Lei Shi and Xin Zhang

in International Journal of Law, Policy and the Family

Volume 30, issue 1, pages 105-114
Published in print April 2016 | ISSN: 1360-9939
Published online February 2016 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/ebv014
The Divorce Damages System in China: Legislation and Practice

More Like This

Show all results sharing these subjects:

  • Family Law
  • Law and Society
  • Politics and Law
  • Marriage and the Family

GO

Show Summary Details

Preview

The divorce damages system is one of the post-divorce relief measures which was established in the Marriage Law of People's Republic of China (PRC) 2001. More than 10 years have passed since the divorce damages system was established. To explore the judicial application of the system, we carried out a survey in two grass-roots People’s Courts in Chongqing in June 2013 and January 2014. The survey found that only 10.2 per cent of petitioners claimed divorce damages in the 166 cases based on statutory wrongs stipulated Article 46 of the Marriage Law of PRC. Based on our survey, we put forward suggestions to enhance the programme and its application.

Journal Article.  4302 words. 

Subjects: Family Law ; Law and Society ; Politics and Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.