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The Study On The Divorce Economic Compensation System

Posted on:2012-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2166330335957498Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China's current marriage law regulate the divorce compensation,divorce economic aid and divorce compensation for damage, It wascomposed of three systems in divorce relief system。Divorce relief is whento divorce violations or damage caused to the interests of the remedy, alsoincludes the help or relief for the difficult of one in the divorce; Divorcecompensation for damage is the compensation for the innocent party;Divorce economic help is the help on life at the time of divorce from partyto the other party have difficulty from its housing in the appropriatepersonal property ;And when the divorce of the compensation is paid inincurred during the existence of marriage more housework the economiccompensation, this one on divorce system is the adjustment and relief forimbalance between husband and wife interests when。The topic of this article is on economic compensation system in adivorce。This article first introduces the economic compensation system ofdivorce of domestic and foreign。The economic compensation system fordivorce from the overview to concrete analysis, and gradually shows thatChina's legislation establishing divorce economic compensation systempractical significance and necessity,and also gradually analysis in thecurrent divorce economic compensation system existing problems,In theend, the author put forward the concrete in positive Suggestions。This paper consists of three parts: preface, main content andconclusion. There are five chapters of main content which is from problempresentation, to analysis part, and finally conclusion. Preamble is thebackground and the path of article。 Apart from preface and Conclusion, the writing is consisting of four parts:Chapter one is the overview of economic compensation system in divorce。The authors adopt comparative research analysis of domestic and international economic compensation system, based on the current divorce preliminary points out problems existing in the economic compensation system。And the author shows that our current divorce economic compensation system to be perfected。The second chapter the analysis for our current theoretical foundation of the economic compensation system in divorce。This chapter detailed analysis of the housework labor value theory, and to evaluate the value of housework legislation analyses。The author will divide these legislative cases are divided into three types: economic compensation form, marital property system forms and maintenance form。Through detailed analysis shows that the countries with certain system in legislation to value housework must trend。Meanwhile based on analyzing the process also preliminary show the author's views on the economic compensation, thinking of the economic compensation in the form of housework value must have its advantage。Chapter three analyzes our country's legislation establishing divorce economic compensation system and the practical significance and necessity。Firstly analyzes the economic compensation system in divorce the reality of housework definitely worth the significance and necessity in divorce, then analyzed the economic compensation system solve divorce between husband and wife other benefits the necessity of imbalance。To illustrate that ,to establish divorce economic compensation system in our country's legislation has its significance and necessity。The fourth chapter based on the analysis of the above first in the current divorce a concrete analysis economic compensation system, then puts forward the defects of concrete Suggestions by the author。The final part is a summary of this article, recapitulating the central thesis of this article, as a conclusion which serves as a conclusion.
Keywords/Search Tags:Divorce economic compensation system, divorce relief system, housework value, Interests balance
PDF Full Text Request
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