China’s Divorce Economic Help The Improvement Of The Legislation

Marriage plays an important role in People’s Daily life, which is produced by the marriage of a seriesof problems has gradually got the attention of people. Presided over by marriage and family law instituteunder China law society,2003, the problems in the implementation of the marriage law has been ten years.In these10years China’s economic, cultural, political, proud after the changes have taken place, etc. Butthe divorce relief system in "marriage law" in judicial practice, but no progress."Marriage law" divorceeconomic compensation in divorce, divorce, economic compensation and economic help three big system,the purpose of legislation is to give a divorce in the weak side fully safeguard, also can realize the fairnessand justice between the parties to a divorce. While in practice system of the three different problems inpractice, including the most traditional and practicality of the strongest economic divorce help system.Legislative problems or application is a problem? This is worth us to think about, the more presses forsolution. Divorce economic help for both for divorce and make the life of poverty relief, is also in themarriage relationship duration for spouses and families pay more and this has not yet been converted intocommon property of husband and wife of divorce by a party of a kind of right relief. Our country "marriagelaw" article42of the2001"marriage law" judicial interpretation and although help set the request todivorce economy time, the main body, cause, form, but in the applicable appear all sorts of problems, andin2012the "marriage law" judicial interpretation of three also didn’t answer to there question. Now thecondition of the high divorce rate in our country, how can in the protection of the parties full freedom ofdivorce, and realize the balance of individual interest and social interest, realize the fairness and justice, isthat we help to improve the divorce "marriage law" in the economy system goal, so as to realize the realfreedom of divorce. Using comparative law research methods, this paper helps to our country economylegislative defects and perfect. The full text is discussed through three parts: introduction, text and epilogue.And body with four parts of our country divorce economic help from theory to practice, from the overseaslegislation basis to the improvement of the economic help one divorce in China are expounded:The first part is basic theory about divorce economic help in China. This part the author first of all,through the analysis of the theories of relevant scholars, combined with own understanding economic help think divorce is a moral category, is a kind of moral responsibility, and part of the nature of the debt ofnature. Second economic help the applicable condition of divorce in China, help form, confirm the way andhelp end briefly elaborated the main content. Finally through the analysis of the current applicable in ourcountry "marriage law" article42of the2001"marriage law" judicial interpretation and concludes that,although the time for the request, the main body, cause, form and so on has made the rules, but its time forthe request defined at the time of divorce, and not really protect the legal rights of parties, is confined to thehouse in the request form and money two forms can not meet the needs of the parties, the request reason isabsolutely difficult to say or do not agree with social development. Which in2012the "marriage law"judicial interpretation of three has not been solved.Part2in the first part on the basis of finding out the economic help in the divorce application of thedefects and the cause of the formation of these defects are analyzed. Defects embodied in: the lowutilization rate of divorce is economic help in the divorce proceedings in our country, request not to get thecourt’s full support, the parties, the law consciousness, etc. And reflected in the cause of these defects:indistinct definition applicable condition, help to form a single, the limitation on the offered to help thebody, etc.The third part through to the United States, Germany, France and other legislation related to divorceeconomic help was analyzed, and concluded that the economic help legislation perfect enlightenment ofdivorce in China. Maintenance regulations such as the United States after the divorce, make one party toanother party with the help of the reference factors: such as current income, income ability, need to bothsides, and after the divorce of life level, the duration of marriage, the family contribution and other factors.And help our divorce economy is not the standard of living after divorce, the duration of marriage, tofamily contribution factors into consideration. Also like Germany after the divorce of support on the way tohelp is more flexible, to provide includes monthly cost of living’s help, for example, be paid in advancegold and one-time compensation on a regular basis, and the divorce "marriage law" on the economy inChina is helping to provide way but I did not make clear a regulation, in the judicial practice is one-timepay more, it cannot achieve its legislation to protect the weak. The perfect legislation and the use of themature, economic help divorce in China legislation provides the beneficial enlightenment.The fourth part is the legislative ideas help to perfect our country’s economy. From clear divorce divorce economic aid, the purpose of increasing economic help way of diversity, to "life" of the standard todefine, to divorce the perfection of the change of economic help and stop, to determine the range ofeconomic help the amount of the divorce, divorce set specifically for economic help safeguard, fully awareof the need to help the party the value of housework etc, put forward their own legislative ideas.