Divorce Remedy System

The divorce relief system is not a remedy for victims provided by law, but also a legal help approach for vulnerable group. The traditional divorce system consists of divorce compensation, economic help and remedy for divorce etc.The aim of the divorce relief system is to safeguard the freedom of marriage and protect the rights and interests of vulnerable group. We have to consider how to balance the realization of the freedom of marriage and the justice of law after the prevalence of no-fault divorce in most regions of the world. Through the divorce maintenance system, compensation and economic help, we can solve the financial troubles of vulnerable group after divorce and realize the freedom of marriage.The significance of the essay is to fully consider the justice and equality of the consequences to safeguard the effective remedies for victims. Secondly, we can concretize the related regulations in order to execute the law easily. Thirdly, to realize the importance of the equity of judicatory procedures.The essay researches on the divorce relief system through comparative approach and empirical research approach. It is divided into three chapters. The first chapter is about the outline of the divorce relief system, including the characteristics, classification and theoretical basis of the divorce relief system. The second chapter is about the divorce relief system in China, consisted of the system of economic compensation, economic help and compensation for damages of divorce. The system reflects the great changes of the guiding ideology in Chinese Marriage Law. Safeguarding the freedom of marriage and opposing hasty divorce has been changed into the realization of social justice and legal equity on protecting the rights and interests of vulnerable parties. However, the divorce relief system needs to be improved and amended. The third chapter analysis the new mode of establishing divorce maintenance system, narrates the necessity of setting up the legal regulation of divorce maintenance system, expounds the nature of divorce maintenance system and the relevant questions, introduced the rules and regulations of divorce maintenance system of different countries, and elaborates separately the compensated maintenance and relief maintenance.Finally, the author takes Chinese actual situation as the starting point, adopting the foreign maintenance system to advance Chinese divorce relief system so that we might eventually formulate the divorce maintenance system instead of the current economic compensation and economic help system. The reconstructed system is going to be more fair, equal, and rational.The divorce relief system has made widely known to embody the spirit of humanism, strengthen the protection for the human especially for vulnerable groups, this has the obvious periodical characteristics and adapts the direction of society's development, complying with the civilized tendency day by day.