Legal Research On Divorce Relief

Construction of an efficient divorce relief system is the key to the successful reform of divorce law as a whole, in the consideration that an efficient relief system in divorce cases not only protects the divorcees' interest during divorce, but also balances interests among all the relevant parties in the view of social justice. In other words, an efficient relief system provides a direct and effective solution to issues of interest conflicts and damages risen from the divorce cases, meanwhile respecting the divorcees' freedom. The paper aims at establishing an efficient divorce relief system, by analyzing and comparing the current situations in China and foreign countries, utilizing research methodologies including theoretical analysis, comparative study of empirical research and system research method.This paper includes four main chapters and an introduction:Chapter one explains basic theories relevant to divorce relief. First, this paper defines divorce relief, then explains its nature and characteristics, and also further illustrates main characteristics for four aspects of the divorce relief system, namely the particularity of time and object applied to, content legality and compensation. This part concludes with an analysis of the jurisprudence basis of the divorce relief system.Chapter two points out insufficiency of three components of our country's divorce relief system including financial assistance, divorce damage and housework compensation, analyzing the determination of the nature according to the existing law, the legal system itself, implementation status, foreign divorce proceedings and etc.Chapter three studies and compares main characteristics of divorces relief systems in representative countries from Continental Law system, Anglo-American Law system and Hong Kong, Macao and Taiwan, based on which arrives at the conclusion that the establishment of a maintenance system on divorce exerts a significant influence on improving the divorces relief system, cancellation of divorce damage compensation system is the trend for the development of divorce relief system and improving the housework compensation system represents a major breakthrough to improve the divorce relief system.Chapter four proposes three suggestions to improve the divorce relief system in China based on the previous analysis, replacing the current financial assistance system with divorce maintenance system, canceling divorce damage compensation system and perfecting the housework compensation system with the scope and time of application in consideration.