The Research On Divorce Relief System In China

Divorce relief system refers to the specific legal remedy for the hurt, harm orloss in the one party. It consists of three parts: the divorce economic aid system,divorce damage compensation system and divorce economic compensation system. Inthe 2001 revision of the Marriage Law of 1980, it established for the first time acomparatively complete divorce relief system, which was aimed at achieving abalance among infringement, suffer and relief. At that time, it was a great progress inmarriage law and deserves praise. However, as the society changes in the past decade,the current divorce relief system showed its shortcomings both in the structure and inits specific provisions before the daily enriched legal practices and theoretical study.So the divorce relief system should be constructed and improved.It is reasonable to construct and improve divorce relief system, because it is thekey to the divorce reform legislation as a whole. The divorce relief system not onlymaintains the personal rights in divorce stage, but also adjusts to the conflict betweenthe rights of parties from the perspective of social justice. Under the premise ofdivorce freedom between the parties, the system provides the most direct solution tothe defects on the rights and imbalance of interests. It also direct some deformityfamilies into a right channel and reduce the rocketing divorce rates. The thesis aims atachieving reasonable construction and perfecting our divorce relief system under thecurrent situation of the legislation and problems existing in the application of the lawof divorce relief system in China. In the thesis, the author mainly uses the empiricalresearch, theoretical analysis and systems research for comparative in-depth researchof the system.The thesis is composed of six parts.The first chapter is the introduction. The author states that in China the risingdivorce rate has caused a series of problems. Divorce relief system has played animportant role in protecting the rights of disadvantaged groups and balancing the rights of the spouses. But no system is perfect. There will be problems in theapplication of divorce relief system.The second chapter elaborates the basic relevant theories of divorce relief system.Firstly it is the definition of divorce relief system. Secondly, it is the legal methodsand characteristics of divorce relief system. The author thinks that the systemincludes three main features. Finally it analyzes the function of divorce relief system.The third chapter is the present legislation situation in divorce relief system. Itincludes the definition purpose the content of the three specific system in the divorceeconomic aid system, divorce damage compensation system and divorce economiccompensation system.In the fourth part, the author finds the problems in the application of law of thedivorce economic aid system, the divorce damage compensate system, economiccompensation system and imbalanced problem in the three system internal structureby means of empirical analysis. Then the author analyses the problems.The fifth part is the specific suggestions in perfecting divorce relief system. it isbased on the present legislation situation of divorce relief system in China and theproblems existing in the divorce relief system.The sixth part is the conclusion. Based on the basis of previous analysis weshould further improve the system in order to make it to the fullest.