Research On The Divorce Economic Compensation System Of China

Divorce remedy system function is discussed by the society naturally. Divorceeconomic compensation system is an important part of the divorce remedy system inour country, and is the new member of the divorce remedy system. Divorce economiccompensation system means acknowledging the value of housework in the legislationin our country for the first time, which is a progress in legislation. This system won abig round of applause at first, however, after marriage law applicable conditions ofthe social survey, the scholars have found that the system has serious problem, whichChinese couples adopt common property system that is less than5%. Couple’scommon property system is the legal property system in our country, and respectiveproperty system belongs to the agreement property system in our country, the current"marriage law" of article stipulates,"if husband and wife agree property system, theagreement should be made in written form", which suggests that even a couple adoptsverbal agreement of respective property system is not admitted by law. What’s more,according to the common property system, we have no provisions for stipulatingcouple’s personal and property relationship in duration of marriage in martialseparation. Even if the couple adopts respective property is during the marriage inessence, which the law is still not admitted. Therefore, the divorce economiccompensation has difficulties in application in China. Academic criticism for thesystem is a lot."Dr Jiangxi divorce" makes scholars criticism on divorce economiccompensation system more serious. Our country academic circles about the scope ofdivorce economic compensation system and annulment of law have different views.Firstly, someone thinks that law should adhere to strict interpretation, this system canonly apply to respective property system; the others hold the opposite opinions.Secondly, someone admits that the article should be abolished, others think that thesystem should be kept, because the system deny any couple uses marriage to deprivethe other party labor values, which reflects the law’s object is to maintain themarriage and family internal fairness and justice. The function of the system is indelible and has practical significance. And we can’t ignore the problems in thesystem, the system’s question is not whether abolish or not, but to improve it. Thecouple common property system can accurately evaluate a spouse housework value?The answer is no. If the system is abolished, a husband or wife can use marriage todeprive the other party legally, it will encourage social injustices, the seriousconsequences may have contributed to more and more people choosing not to getmarried in society. When the common property is little, the court how to evaluate thevalue of housework, as the example of Dr Jiangxi divorce. Therefore, this systemshould be improved in the face of various difficulties in society, to protect people’sright, justice and fairness in family, balance the interests between of the couple andmake a contribution to the society. After all, the law research’s purpose is to serve thesociety rather than "on the shelf. Therefore, the article analyzes the problems ofdivorce economic compensation system in and the reasons for divorce economiccompensation system in society, at the same time, draw lessons from foreignlegislation cases and analyzes cases in our country, the problems of divorce economiccompensation system and relevant countermeasures of this system are discussed indetails.