China’s Marriage Law, as amended in 2001, introduced provisions on divorce damage compensation, which the Civil Code has retained while adding a catch-all clause. In legal theory, divorce damage compensation is generally categorized into two types: cause-based damage compensation and divorce based damage compensation. From a theoretical perspective, both types face insurmountable theoretical difficulties. From a comparative law perspective, while China referenced legislative examples of divorce-based damage compensation, it paradoxically enacted provisions for cause-based damage compensation. Moreover, in jurisdictions that adopt cause-based damage compensation, establishing an independent divorce damage compensation system appears redundant. From a judicial practice perspective, courts have rendered significantly divergent judgments on several crucial issues concerning the application of divorce damage compensation system. Given these circumstances, when addressing the complex issues in understanding and applying divorce damage compensation, attention should be paid to coordinating the relationship between divorce damage compensation and divorce property division. Furthermore, when the divorce damage compensation system fails to function effectively, protection of parties’legitimate rights and interests can be achieved through recourse to general tort liability principles.

divorce damage compensation, cause-based damage, divorce-based damage, general tort liability, divorce property division