On Divorce, Legal Relief System

The paper is based on these thoughts of equity,justice,equality and especial care;follows the legal remedy system on divorcement;departs from these objectively and practical problems which the system of social guarantee is not yet sound in China and emphasizes the reality and the importance of constituting the legal remedy system of divorcement.It refers the new fruits of the foreign relative remedy system and further studies the advantages of relative legal system and the shortage which exist in the practical application by comparing and analyzing the legal remedy system of incompetent parties in divorcement between China and foreign countries.The paper aims at illustrating the reality and importance of protecting the rights and interests of incompetent parties in divorcement while it puts forward advice about constituting and perfecting legal remedy system about divorcement according to the experiences and lessons summed up in the long judicial practice of the family law.It can be divided into four parts.The first part introduces the concept and the system of legal remedy system about divorcement in China and dissertates the purpose and significance of constituting legal remedy system.The second part is to analyzing the legal remedy system about divorcement in the way of comparative law in order to perfect legal remedy system about divorcement in China.The third part is about the real life condition of the incompetent parties in divorcement and the analysis of the legal remedy system about divorcement.The forth part is about the design of constituting the legal and social remedy system to the incompetent parties in divorcement which includes the new system of common property division,the new system of compensation for the divorcement damage and the system of combination with the compensation for housework and the economy aid to the incompetent parties in divorcement.It is an important valuable ideology on law and justice of the legislation in family law protecting the interests of incompetent parties in divorcement.