On The System Of Departure After Divorce

Our country "marriage law" article 42 preliminary confirmed that the marriage support system, has provided a legal basis for maintenance after marriage. But because the system is not perfect, which leads to the dispute, the parties sued to the court, the court made a controversial referee. In the statements about the nature of the support after marriage to maintain the marriage there is "moral", "responsibility" and "extension" three kind of controversy, "moral" think this duty is in after marriage morality and righteousness to help; "Responsibility" as to marriage life during the liability of compensation; "Stretch" considered during the marriage couples legal extension of this duty. "Moral" and corresponds to the current legal system in our country, "extension" more in line with the judicial practice of our country. How to coordinate between is the blind spot of the law. The current marriage law this duty is applicable to accept the "absolute difficult said," the protection of the institution of marriage, and marriage in the interests of the vulnerable groups can’t maintain its due effect. In the way to perform this duty, practice is mainly a one-time economic compensation, diversify ways for performance in theory, the combination of theory with practice and effective mechanism for the implementation of the formation of a set of reasonable. When this duty conflict with their parents-in-law, their duty after marriage, should be how to balance the interests of the meantime. This article through to ryu v. ma increase maintenance dispute case analysis, found the "marriage law" urgently needed to establish and perfect the system of the maintenance after marriage, to protect the legitimate rights and interests of relevant rights and interests of people, let the court accepts the case at the same time, they tend to, make a reasonable judge.