Research On China's Spousal Support System After Divorce

China's legal system has begun to identify and implement the concept of"where there is damage, where there is relief". In the design of China's spousal support system after divorce, with the fact of the incidence of divorce, the standard of living, livelihood security, for the disadvantaged party, are damaged. Such damage should be relieved by law. In this paper, we take China's spousal support system after divorce for the study. Use the methods of language analysis, historical study, value analysis and comparison to explore and analyze the meaning and nature of the spousal support in our country. Then analyze the legislative defects to find out the reasons for existence, by looking at the legislative status. At the same time, based on a comparison of both overseas and in Hong Kong, Macao and Taiwan regions, we find out the successful experience, which has given the ideas of the improvement of this system. This paper is mainly from the following four parts to discuss.The first part of the paper is to discuss the meaning and nature of spousal support. First of all, introduce the term of"support", from some scholars' understanding, so as to arrive at their points of broad and narrow meaning. The broad meaning refers to the obligations of mutual support, among all the relatives, no matter what kind of identity among the relatives of the relationship; the narrow meaning refers to the support relationship between husband and wife as well as the same generation siblings. The differences between the broad and narrow support relationship are the two categories below: first, parents to children, grandparents to grandchildren, or the elder brother, sister to the younger; second, children to parents, grandchildren to grandparents, or the younger to the elder, and so on. In this paper, the narrow meaning of the term is used. Through the analysis of the term, this paper will use"the spousal support system after divorce", which defines the scope and object in this paper. Secondly, explore the nature of the system. Through the discussion about the academic views held by some scholars in our country , the view of this paper is held, that is , the spousal support system is a kind of relief system, refers to that the disadvantaged party are going through a difficult life after divorce have the capacity to request relief to the other party. The relief aids and legal means are provided to the disadvantaged party through the legal rights are used in this system. At the same time, this system refers to the benefits of the redistribution of property between divorced couples, the right to survival and development to continue for the disadvantaged party.The second part of the paper is to discuss the status and deficiencies existed in this system. First of all, introduce the status of this system. This paper not only compares three of our existing system in our country, also analyzes the spousal support system in our country. The current divorce relief system is composed of three parts: economic compensation system for divorce, economic help system for divorce and the economic compensation system for economic damage caused by divorce.Compared to the past, there are significant breakthroughs and progress in China's relief measures for the divorce, but at the legislative and judicial practice there are still a lot of shortcomings and lack of livelihood in society, which still fail to give full play to its role. In the divorce disputes and vulnerable, the legitimate rights and interests of the disadvantaged party can not be fully protected. Secondly, analyze the lack of existence of the legislative language and criteria about this system. It is because of a number of deficiencies exist in this system, that result in many difficulties in judicial practice in the areas of our country, such as divorce cases cited in divorce are less, making a clear weakening trend in this system; the current legislation does not take into account the special interest groups, making the relevant interests of the protection poor, the thrust of its legislation not materialized. Finally, analyze the reasons on lack, from the historical, institutional, economic and cultural respective.The third part of the paper is to discuss legislation and inspiration from both overseas and in Hong Kong, Macao and Taiwan areas. First of all, study the legislation of Germany, Japan, the United Kingdom and the United States. Secondly, study legislation of Hong Kong, Macao and Taiwan region. Through inspection and analysis, we can see that the countries both overseas and in Hong Kong, Macao and Taiwan areas, have formed a relatively complete legal system on the support between divorced couples. The system, to protect the rights of divorced couples or damage to the legitimate rights and interests of the disadvantaged party, has played a significant role in the society. However, there are a lot of flaws and shortcomings in the system, especially in the current legislative and judicial practice. It is also not able to play its due role in social life. In order to play its due role better and better, our country need to learn from other countries on the theories and practice."Stones from other hills, may serve to polish jade."Fully drawing on the experience and theories from other countries, make great contribution to the improvement on the system in our country.In theory, the role of legal transplants can make our country more quickly improve the relevant legal system, even though we do not seem"transplants"as a panacea.The fourth part of the paper is to discuss the improvement of the system in our country. First of all, discusses the functions of the system. The reason why the author is interested in this research are perfectly because it has an important essential to the significance and great functions, which are especially reflected in the protection of the freedom of divorce, the promotion of social justice, the maintenance of life order and so on. Second, discuss the need to improve this system. Since in our country, to improve support system can provide for specific rights and obligations as well as the boundaries of the rights and obligations to the members of society, and use coercive power to protect the rights and obligations between people, so as to adjust and put an end to all disputes and conflicts. Making public force instead of private relief is the best selection in human civilization. Finally, make recommendations to improve the system. This paper recommends that relax the standard of time for requirement, define the standard of"life difficulty","appropriate assistance", the maintenance requests, the amount of money, property, housing, the change and termination of the case and so on.Through the improvement of the spousal support, to expect the contents of this system more rational and more effective, implement the concept of"where there is damage, where there is relief", protect the rights of the injured party after divorce or the disadvantaged party, take good use of the functions--the protection of divorce freedom, the promotion of social justice and the maintenance of the life order, so as to provide a legal basis. At the same time, achieve fairness and justice of law and humane care for the weak, and reflect the concept and the spirit of protecting the weak, the poor and the vulnerable groups, which really achieve social progress and harmony of mankind.