China 's Divorce, The Reconstruction Of The Maintenance System

The system of the maintenance is one of the common systems in foreign divorce law. The nature of divorce maintenance system is the extending obligation of husband and wife. The Marriage Law of our country has some limitations in maintenance system in divorce case. For example, the provision that the housework compensation is suitable for husband and wife's separate estate system is out of reality, the applicable conditions of financial aid are critical. In this essay, by learning from foreign legislation style and analyzing on the shortcomings of the system in our country, we think our country's marriage law should establish a divorce maintenance system which is base of relief maintenance and compensation maintenance, giving attention to inhabitancy right.The essay consists of preface, main body, and conclusion, the main body contains five parts:The first part will discuss the meaning and different species of the system. The system of spousal maintenance for divorce means that, by mutual agreement or a court judgment, one side in difficulties could get the appropriate support from the other side. It consists of relief maintenance and compensation maintenance, permanent maintenance and rehabilitative maintenance. Then I will introduce the concerning system overseas, including the United States, Germany, France, Taiwan, Hongkong and Aomen. It mainly compares the contents from the following aspects: the conditions or requests, the way to get the support, the factors that judge should consider, the manner of the support, the restrictions, alternation and termination, ect.The second part will discuss the social background and merits of the system. For alimony, it helps to safeguard the principle of freedom on divorce, achieve fairness and justice, make up the insufficient of the social security system and consolidate marriage and family.The third part,Ⅰwill analyze the deficiencies of China's system of spousal maintenance for divorce, by introducing the development and the contents of our own system. The current system of spousal maintenance for divorce has the following shortcomings:the provisions are sweeping, and it is harsh to apply, etc.In the last part of this essay, to resolve these problems the author proposes the improvement of the system of spousal maintenance for divorce, reforming the existing spousal maintenance system, explicating the system of relievable spousal maintenance. Meanwhile, to meet the actual needs of China's national development, establishing the system of compensational spousal maintenance, can be a useful complement.