Research On Economic Assist System Of Divorce

The obligation of mutual support between husband and wife eliminates with thedivorce. The institution of economic assistance after divorce is neither a continuationof the maintenance obligations nor a sort of moral obligations to fulfill betweenhusband and wife. It is rather aimed at a fair allocation of negative consequences afterdivorce. A fair allocation of negative consequences of divorce is helpful to balancethe interests of both sides of the couple, and to protect the economic interests of theweaker party, while not excessively increasing the burden of divorce.This article is organized by raising questions, analyzing problems, solvingproblems. It begins with a case relevant to the institution of economic assistance afterdivorce. Then it shall explain the overview of this institution and describe theapplication and inadequacies of it. The conclusion is that the institution is not ideal.So many scholars suggest abolition of the institution of economic assistance afterdivorce, replacing it with maintenance system. But the author of this article does notagree with it. The author advocates that we should learn from the advancedexperience of foreign maintenance to improve our institution.Apart from the introduction and conclusion, this article shall be divided into fourchapters as follows:Chapter one shall explain the overview of the institution of economic assistanceafter divorce. Starting from the concept, this chapter shall describe the evolution andthe value of this institution. This chapter emphasizes that the nature of the institutionof economic assistance after divorce is to achieve a fair allocation of negativeconsequences after divorce. Finally this chapter shall compare this institution with the other two institutions, that is the institution of compensation after divorce and theinstitution of complement after divorce, in order to further the study of this institution.Chapter two shall introduce the application and inadequacies of the institution ofeconomic assistance after divorce. This chapter starts with analyzing the conditions ofthis institution and then analyzes the status quo of the application of it, pointing outthe inadequacies of it with the aim of paving the way for the later discussion ofwhether to abolish it or not.Chapter three shall discuss whether to abolish the institution of economicassistance after divorce or not. Because the application of the institution is not idealand there remains many flaws, many scholars suggest abolition of this institution,replacing it with maintenance system. So it is necessary to analyze the divorce supportsystem of major countries of both civil law and common law, comparing it with ourinstitution of economic assistance after divorce. The conclusion is that it shall not bereplaced.Chapter Four shall suggest the improvement of the institution of economicassistance after divorce. According to the flaws of this institution, the authoradvocates that we should learn from the advanced experience of foreign maintenanceto improve our institution of economic assistance after divorce.