The Legislative Construction Of China's Maintenance System After Divorce

Many courtiers have established a relatively maturity maintenance system after divorce, so dose china. However, the" proper help" system in active marriage law is hard to practice and has controversy both in theory and practice because its obscure in determining the nature, rigorous apply conditions, lacking of concrete system, and undistributed. This paper mainly uses comparative methods; study the maintenance system after divorce in every aspect and give legislative suggestions to construct china's maintenance system after divorce.This paper begins with the conception of divorce maintenance; introduce the history resource and development vein of divorce maintenance; analysis the nature and purpose of divorce maintenance. We seek for a complete and new understanding of this system through the compare between divorce maintenance and relative relief system.Secondly, this paper introduces various theories of divorce maintenance, and gives a short judgment at same time, bring forward the bases of claim are various. Turn to the angle of judicial practice, observe and study the actuality of our divorce maintenance system, analysis the inadequate and bewilderment of our active divorce maintenance legislation.At last, through expectation of development of divorce maintenance legislation, this paper brings forward some tentative plan to make our own divorce maintenance law.