| Divorce embeds widely in modern society. With the reform and opening up, as well as the depth and the gradual improvement of living standards, people ask for a higher quality of marriage and freedom of spouse choice. Divorce marks the termination of marriage relationship on one hand, on the other hand, the couple stops am bilateral marital status as legal procedure. It means, both of the marital relationship and property holder make change. If a series of problems arising after the divorce could not be handled properly, not only it will damage the legitimate rights, but also it will interests of adverse effects to society and is not conducive to building a harmonious society. Contemporary China, the divorce rate has become the universal and distinctive feature of the community. Although we could not give any comment to active and positive attitude, we must assure the freedom of divorce with maximize limit, moreover, we should try best to reduce the positive impact to the divorcee. To achieve such aim, the implementation of divorce relief system gives legal institutional safeguards. On one hand, it will protect divorcee's right in devoice process, moreover, it also pay more attention to adjust the conflict of interest from point of social equal concept. China's divorce relief system is mainly composed of the divorce economy assistant system, Divorce Damage and compensation, and divorce economic compensation system. This paper contributes to study and analysis for divorce economic assistant system.China's divorce economic assistant system was build at the early days of foundation of Public of China. During that time, the content was modified many times and approached to perfect. Since the inception of the system, it plays the role to some extent. Such system gives support to one at the disadvantage to assure divorce freedom embodying the pursuit of fairness and justice values.But the system both in content and practice application exist many inadequacies, mainly acts:First, our current "Marriage Law" provides harshly the financial assistance system in divorce application which greatly restricts divorcee's right to request the application of the system; second, the legal system itself could not define the divorce economic assistance clearly and perfectly. For example, the system did not provide the amount of financial assistance, making the system applicable the lack of specific reference. It will leave much room for the discretion of the judge and likely to cause miscarriage of justice; the third, the practice of operational is difficult. For example, our current divorce system provides that provider could give support by transferring the form of ownership or residence to help the other party. While, according to current living standard the vast majority of people possess only one shelter, so the kind of economic assistance to the manner of the application in real life is relatively in small degree and poor maneuverability. Improve the relief system, especially divorce economic assistant, to eliminate adverse consequences of divorce, to minimize negative impact on both divorcee and social order.This paper proceed the analysis by comparative, by studying economic assistance's present status and disadvantages, as well as introducing relevant legislative system from foreign countries, China's divorce financial assistant, from point of view of clearing the values and rich the diversity of divorce financial help, re-definition of "hardship" standard, improving the change and termination of economic assistance, meanwhile, defining specified range of a divorce amount, specifying measures of protection, consideration to the impact of divorce from fault factors in divorce, put forward some proposals in order to be able to give full play in the protection of the vulnerable side the role of the divorce. At present, many of our scholars research the divorce financial help system and affirm the value of existence to protect the weak side. Also, it is necessary to continue. While, some scholars believe that the system is poor applicability and not much real value. In this paper, based on domestic research and combined the foreign-related economic assistance give a deeper study. Besides the introduction and the conclusion, it is divided into the following three parts:Part I, Legislation status and function of China's divorce economic assistance. This section first described in depth on the meaning of Chinese divorce financial assistance, giving readers a initial understanding, then further the contents and features in-depth discussion, at the same time, compares and analysis to the various ways in divorce to impress readers in fully understanding.Part II, China's economic assistance to the Legislation limitation and the causes. This part mainly analysis current system of economic analysis of the content level, specifically describe divorce system applicable conditions, assistant form, assistant amount, punishment analysis for the other part unfulfilled responsibility, and finding of the disadvantage in our system of divorce, and then combined according to background of the system and the current reality in China to find out real reasons for low practice. Finally, it concluded the defects and the main reason for our country divorce financial help system.Part III, Improvement of divorce financial assistant system. This section is mainly combining with economic assistance in divorce to do content analysis and protection our freedom to divorce, realizing the important role of law and justice. Esp. as for our defects and deficiencies in the system, it argued the necessity and feasibility to apply for divorce financial assistant system under current status. Meanwhile, after comparing foreign-related legislation, focusing on France, Germany, Russia, the United States and other countries, we will absorb advanced foreign legislative experience and combine with China practical. And then, based on the contemporary situation of China, we make a number of legislative proposals, hoping to perfect the "Marriage Law" to contribute their part.
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