Try To Talk About Our Country Economic Help Divorce Of The System Of Perfect And Legislation

The full text surrounding the divorce economic help system of divorce reliefmeasures is discoursed. China’s divorce relief measures include three parts, namely,divorce economic compensation system, divorce economic help system and divorcedamage compensation system. In judicial practice, these three systems are used themost widely undoubtedly the divorce economic help system. This article is dividedinto four major sections. Therefore, the purpose of this study is that we want toimprove the divorce economic help system in legislation, and give full play to thevalue function of the system.The article first selected a more typical case in real life as the entry point of theentire article, using the example demonstrated method, and pointed out a variety ofdifferent perspectives on the specific application of divorce economic help system,but also exposed some problems in the system, for example, the recognized standardfor the "hardship", in the end should be adopted "the minimum living" or "residentsof the average standard of living" standard? At the same time, the relationshipbetween "child support obligation" and "divorce economic help system" is also needto further clarify. Moreover, the conditions are applicable to divorce economic helpsystem, one of the most demands is the time constraints. The request of the divorceeconomic help can be put forward in the "divorce" point in time in Chain’s law, acrossthe time points, not to mention the divorce economic help request. These haverevealed the drawbacks and shortcomings of China’s divorce economic help systemexisting in application.Next, I introduce briefly all kinds of theories about the concept and nature of thedivorce economic system from our scholars and foreign scholars, and our country stillcontinue to use the term "divorce economic help system", the title of our country’sparticular circumstances. At the same time, about the nature of the system, the Chinese and foreign legal scholars have different opinions. But in general can besummarized into two main viewpoints: the first one think that divorce economic helpsystem is an extension of the husband and wife legal support obligation, withstatutory obligations and responsibilities; the second one think divorce economic helpsystem is not a husband and wife legal support obligation extended only a moralobligation and responsibility. After combing all views of factions, the author agreedwith the first view, China’s divorce economic help system should be characterized asa kind of legal obligations and responsibilities, and should no longer regarded as amoral on the responsibility to ensure that it has the legal authority and logic.Moreover, all kinds of the disadvantages associated with the legislation and judicialapplication of our divorce economic help system are discussed in detail, which isreflected in the first part of the referred case. The problems were existed in general:First, the applicable conditions are too harsh, resulting in the scope of application ofthe system and the role of limited. Second, to help in form, simply provided formoney and housing help form, and the standard of the form of money help is too low,and the form of housing assistance is not clear. Third, concerning changes andtermination provisions of our divorce economic help system, China’s laws are verybrief and rough, just briefly related to the termination of the provisions. The first four,involving protection measures, China’s Marriage Law does not give a specificrequirement, but the uniform application of the Civil Procedure Law, the provisionsrelating to non-execution of court decision or ruling on mandatory measures. As thewriting portion of the article, it provided a basic prerequisite for the subsequentdivorce-related economic help system to adjust and improve on the legislation.This system is relatively complete and sound in foreign legislative provisions, soit is necessary that describe the relevant provisions of the "divorce alimony paymentssystem" in foreign countries. Eligibility criteria, maintenance standards,considerations, hangs and termination provisions and protection measures of ourdivorce economic help were introduced and analyzed in detail from the point of viewof different, and it can be seen that foreign legislative provisions on the divorce of therelief measures compared to our country is more complete. Therefore, in the processof the adjusting and improving China’s divorce economic help system, we must reference foreign advanced system rules.Introduced by the above analysis, came to the conclusion that China’s divorceeconomic help system is the legal obligations and responsibilities, but it also containsa moral value. In the process of adjusting and completing in legislation divorceeconomic help system, respectively discussed from the applicable conditions and themoral basis, the specific forms of help, change and termination provisions, proceduresfor requesting filed protection measures and the restrictive provisions of these aspectsin detail.Finally concluded, our must learn the more perfect and complete legal provisionsfrom other countries, and adjust and consummate China’s divorce economic helpsystem in legislation, in order to play system value of the divorce economic helpsystem and truly protect the freedom of marriage.