Freedom Of Divorce And Its Restriction On The Interests Of An Equitable Mechanism

Although the divorce system is an important part of theinstitution of marriage, but it is also the most controversialpart of the problem. With the development of no-fault divorce,divorce rate of every country has all appeared by a wide marginclambering rises, and triggered a series of negativeconsequences of the deterioration of living conditions of womenand minor children．This paper from the perspective of economicaid system of divorce, in adherence to the divorce freedom asa basic principle on the basis of, strived to improve andperfect the system of the divorce economic help, so as toestablish a divorce interests balance mechanism, todecreasethe harm of divorce to be minimum.This article mainly has introduction and the other fourcomponents.The first part is about the origin of the freedom of divorce.First of all, around the worldwide history of the freedom ofdivorce, elaborated specifically the freedom of divorce fromthe authoritarian system under unilateral divorce freedom to European medieval doctrine of prohibition of divorce torestricted divorcism to divorce liberalism in thetransformation of this development process. Secondly, theChinese divorce freedom development route to reveal,respectively, introduced our country ancient divorce systemand modern divorce system, through comparison of the two tofurther elucidate the freedom of divorce in China ’sdevelopment process. This part mainly expounds the historicalevolution of the freedom of divorce, to reveal its historicalprogress, and pave the way for the negative consequences ofdivorce freedom from negative analysis below.The second part is to investigation the legitimacy ofdivorce freedom by appropriate restrictions. With thedialectical relations between freedom and justice in divorcesystem as the breakthrough point, analyzes the excessivepursuit of the freedom to divorce the negative consequences--the rising divorce rate, worsen living conditions of female andchildren, And thus led considerations to the appropriaterestrictions on the freedom of divorce of the value, reveal the realistic necessity of the establish the benefit balancemechanism for divorce.The third part of the economic aid system of divorce--aninterest balancing mechanism of institutional study. Firstintroduced the economic aid system of divorce in the value ideaand main content on divorce maintenance system and otherrelevant provisions, and then analyzed comparatively toChina’s economic aid system of divorce and foreign divorcemaintenance system. Through the comparative analysis we findthat China’s current economic aid system of divorce and foreigndivorce maintenance system in value orientation or insubstantial consequences have similarity, Through thecomparative analysis we find that the divorce financialassistance system in China and Foreign divorce dependencysystem, whether it is in the value orientation or on theconsequences of substance having highly similarity, in orderto pursue a relatively equitable state, and thus reveal China’seconomic aid system of divorce is worth to insist.The fourth part analysis the deficiency of China’s economicaid systems of divorce and given a few improvement suggestions. Start from the two levels of judicial practice and legislation,specifically summarizes the deficiency of China’s economic aidsystem of divorce, For these deficiency, the author putsseveral proposals of legislation legislative: First, drawlessons from foreign divorce maintenance system in difficultlife standard by used in the original life creed or reasonablelife theory, using the theory of relatively difficult to definedivorce economic difficulties. Second, economic aid system ofdivorce should adopt the doctrine of the two elements, that iswhen divorce, one party has difficulties in life and need helpat the same time, the other side also has the ability to provideeconomic aid. Third, financial assistance should be flexible.Fourth, strengthen the guarantee measures of divorce economicrelief, and this can draw lessons from foreign practice, byproviding guarantee to protect the economic help ofobligations.