Divorce Remedy System

As an important part of the divorce system, divorce relief system plays an important role in the aspect of protecting the legal rights and resolving the conflicts of both parties. Therefore, establishing and perfecting the divorce relief system can practically maintain the orders of families so that the whole society will develop in a healthy and stable way. This thesis can be divided into three parts: the first part mainly demonstrates the basic theories of divorce relief system, including the definition history and its object as well as its significance; The second part, mainly introducing the legislation of divorce relief system in foreign countries, including the countries in the genealogy of continental law and countries in the genealogy of Anglo-American law, analyzes these legislations in comparison. The third part mainly reviews the divorce relief system in China, demonstrates the flaws in our legislation of divorce relief system in present condition and finally proposes means to make it perfect. The author believes that China's divorce relief system design should focus on divorce after one spouse the right to development, in line with the civil law so that people-oriented values. In the past, thinking of divorce relief system problem, we are often too much emphasis on the right to life instead of the right to development. As a result, the author of divorce in our country to explore the relief system, is more divorced spouses the right to development as a starting point for thinking. In addition, the author argued that the post-divorce relief system should be diversified and not a single model. The way it should be flexible and diverse. The traditional single model of relief at this stage can not meet the development needs. China should set up a wide range of divorce relief system. In the divorce system to help the economy the way, the proposal should be diversified means of relief. With regard to divorce damages the system, I believe that the most important thing is how the system of concrete construction, such as compensation for the legal standards, the distribution of the burden of proof to determine the amount of compensation, and so on. These aspects of learning from the experiences of other countries, the most important thing is how to combine China's specific national conditions for the system. Learn from other countries in the Legislative Council under the premise of how the combination of China's national conditions for the building of the system, the author made a number of its own.