A Study On The System Of Financial Assistant On Divorce Of China

China’s "Marriage Law" provides economic damages divorce, financial compensation and financial assistant on divorce three relief systems. The purpose of legislation is to give adequate protection to divorce one vulnerable but also to achieve fairness and justice between the parties divorce.With the " Supreme People’s Court interpretation on the application<People’s Republic of China Marriage Law> Issues (three)",The introduction of the community has given extensive attention, which is controversial:Many scholars believe that the judicial interpretation the provisions overemphasized property law, ignoring the marriage law, considered to be Marriage Law of Property Act kidnapped. I believe that the ownership of property after divorce is reasonable, the division of property should be divided in accordance with the relevant provisions of the "Property Law" and "marriage Law", and after the division of property is completed, if one is difficulty in life, you can apply for divorce financial help system. Life difficult by the requesting party, requires the other party to give some financial help to resolve the basic problems. It would appear that protecting the value of marriage do not have to be protected by property ownership, division of property after the problem is resolved solely by the appropriate system to protect the interests of the weaker party, which shows the importance of the system of financial assistant on divorce. This paper discusses four chapters on the specific content of the divorce financial help to make a detailed presentation. The first chapter introduces the concept of divorce and nature of financial assistance, to help clear the distinction between the economic system and other divorce related systems, introduces the value and significance of divorce financial help system. Chapter two shall introduce the application and inadequacies of the institution of financial assistance after divorce. This chapter starts with analyzing the conditions of this institution and then analyzes the status quo of the application of it. Chapter Three: An introduction of the system of spousal maintenance on divorce of overseas. This chapter analyses mainly the legislations of the system of spousal maintenance on divorce in countries representing the civil law system or the common law system. A classification and introduction is given in the respects of applying conditions, contents, amending and terminatin conditionsand enforcement safeguard of the system of spousal maintenance on divorce of ocerseas. The fourth chapter is proposed for the specific defect in the second chapter, learn from foreign countries on the basis of the contents of the divorce system dependent on each proposed concrete and feasible measures to improve.