On The System Of Spousal Maintenance

At present, people pay more attention to the individual right safeguard, and the divorce free also receives the legal protection. But this dose not mean that the litigant could propose divorce at will without regarding consequences. It needs to provide the corresponding legal relief for one marital litigant if their economy suffer heavy loss due to divorce. From this spot, the spousal maintenance system precisely give the rescue to those who have the difficult life situation. Our country provides relief to this situation through the economical help system.Economical help system, divorce compensation system, divorce damage compensation system and the husband and wife's property division system show the effect of reliefing the weaker,but due to the exploitation conditions are different, spousal maintenance is able to give more effective protection to the weaker, for our country present social security systems are not so perfect .Although the name of our country's economical help system and that of the overseas spousal maintenance system are different, but they have the same relief idea. This article plans through inspecting the overseas spousal maintenance system, to provide the theoretical reference consummate for our country's economy help system.The whole text divides into four parts, approximately 3, 1565 words.The First part is basic connotation of spousal maintenance system. This part introduces the concept and character of spousal maintenance, to define the research content. Simultaneously, it also elaborates the difference among spousal maintenance system , the husband and wife property division system, divorce economical compensation system, divorce damage compensation system, although all of them give relief to the divorce weaker, thet are independent from each other, and each plays a role which cannot be substituted. Finally, This part promulgates the legal significance of the spousal maintenance system, then clear the necessity of this system's existing. The Second part is the power foundation of spousal maintenance requestion. We could grasp this system's right origin explicitly through analysing the request power foundation of spousal maintenance. At present, the scholars have different opinions on this question. This article mainly introduce four common viewpoints, which are the theory of violation marital contract, the social security, the unemployment compensation ,and the extending protection of nurture duty between husband and wife. Among them, violation marital contract regards marriage as contract, but in practice,there are strict difference between the domain of marital family and that of contract,which means they cannot be equal. The social security manifests the thought--"the rescue need", but it is only to the safeguard of citizen basic subsistence right, which dose not meet the meaning of spousal maintenance relief. The unemployment compensation uses more principle of economics utilization, but this theory advocates that the specialized division of labor will cause the sex discrimination and other unfair results. The author believes that, the request power foundation of spousal maintenance should be the extending of nurture duty between husband and wife, because the spousal maintenance is the atonement of divorce negative consequence, which bases on the status of husband and wife. Besides, the extending protection of nurture duty between husband and wife as the request power foundation make the invisible property during marriage into husband and wife joint property category. This theory truly manifestes the legal's fair justice.The Third part is the legal inspection of overseas spousal maintenance system. This part enumerats some representative nations' legislation content of the two big legal system. Through summary and comparison with overseas spousal maintenance system, we put forward the legal proposal to improve our country's spousal maintenance system.The fourth part is the ralated legislation's situation and suggestion of our country's spousal maintenance. This part introduces historical development of our country's economy help system.although the name of this system and that of overseas spousal maintenance system are different, the latter provides a very good model for the improvement of our country's legal system. The article emphatical analyses insufficiency of our country's economy help system, and puts forward the proposal to spousal maintenance system's legislation improvement. When affirmating law nature of spousal maintenance, the author think we should add necessity fator of spousal maintenance pay, by making mistake as a influence factor and clearing the deadline, the way, the change and the termination situation of spousal maintenance. In addition, when improving our country's spousal maintenance system, the author think we should add the content of the redemptive nurture, which could obtain the rational distribution of the husband and wife' property in case of divorce, meanwhile, exclude the nurture way of using house property rights. Through improving the stipulation of this system, This part enable our country's spousal maintenance system more rational and feasible.