Filling the damage is the basic remedy of the damage compensation system. By compensating for losses, the rights and interests of the injured party should be compensated as much as possible. Compensation for divorce damages includes material compensation and mental damage compensation. On the one hand, it directly compensates the material damage caused by divorce that can be directly measured by property; On the other hand, although the mental damage can't be measured by property, it can also be made up by property to minimize the damage caused by divorce to the victims.

(2) Spiritual compensation and comfort

Solatium, the compensation for divorce mental damage, is a special kind of compensation, which has the dual effects of compensation and comfort. Husband and wife are the subjects of rights and obligations in a specific personal relationship and have close emotional relations. Once one party is violated by the other party's affair, its spirit will be greatly hit. Therefore, compensation for the victim's mental damage is helpful for the victim to recover his physical and mental health. Although it is difficult to make up for mental damage with property, the value of property can meet people's needs to a certain extent, at least it can ensure that the victim has enough material conditions to adjust and ease the blow after the normal marriage relationship is dissolved, and establish new life goals.

(3) Sanctions against the wrong party

It is the condemnation and punishment of the Marriage Law for ignoring the spouse's rights and interests and violating marriage obligations to make the wrong party bear the liability for property damage and mental damage compensation. This kind of punishment is not only a punishment for the wrong party, but also a warning and prevention for others, so that the actor can foresee the possible adverse legal consequences of his wrong behavior, thus reducing the occurrence of such behavior and maintaining the stability of social marriage and family relations.

(4) Protecting the innocent party

The implementation of divorce damages can guarantee the life of the innocent party and their children after divorce, improve the living standards of single-parent families, and be conducive to the healthy growth of children in single-parent families.

Three, the elements of divorce damages

(1) One party is at fault, and the fault is intentional.

In judicial practice, the court found that one party should be liable for divorce damages, and its subjective aspect must be wrong and intentional. Judging from the four situations stipulated in the Marriage Law, the subjective mentality of the fault party is intentional and there is no fault. That is to say, the actor realized the legal consequences of the four kinds of behaviors stipulated in Article 46 of the Marriage Law, whether in the form of action or omission.

(2) There is a legal fault objectively.

The four acts stipulated in Article 46 of the Marriage Law include: ① Bigamy. Including factual bigamy and legal bigamy, that is, those who have a spouse register to marry others, those who know that others have a spouse register to marry them, those who have a spouse live with others in the name of husband and wife, and those who know that others have a spouse live with them in the name of husband and wife. (2) the behavior of spouses living together with others. According to the Supreme People's Court's judicial interpretation, it means that the spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife. Including cohabitation and adultery. ③ Domestic violence.