Improve The System Of Divorce In China Economic Help Legal Analysis

In our country, economic aid system of divorce has80years of history. Thedivorce "marriage law" article42economic help system, has provided the safeguardfor the freedom of divorce, the parties, protect the lawful civil rights and interests ofthe parties, particularly the "marriage law" on divorce economic weakness in the mainis to protect the women. The current "marriage law" regulation of divorce reliefsystem mainly includes the housework compensation system, economic aid system ofdivorce and divorce damage compensation system of three parts. In2001, the revisedmarriage law infringement at the time of the divorce, one party or difficult side of thebailout has greatly improved, make the lawful rights and interests of the parties to getthe protection. But the "marriage law" after revising this more than ten years’ time,divorce economic help system failed to get very good implementation, lack ofrealistic operability, didn’t really reach to the help of the weak effect after divorce. Inthe field of studies of the thesis, in fact already exist various improvement point ofview, and even some views for the adjustment of the revolutionary, trying to useforeign commonly practiced "after the divorce maintenance payment system" replace"divorce economic help system of our country, but its reasoning process obviouslypoor, not convincing to people.Divorce economic help system after the founding of the constantly advancingwith The Times, in the face of rapid economic development of modern China,people’s life quality rise ceaselessly, ideology, economic help in a standard way,economic help determine the amount of defects exposed, safeguard measures. Facethe problem, then solve the problem, this paper points four parts, the first part mainlyto our country’s economic aid system of divorce from the concept, conditions,properties and different with other divorce relief system is introduced in detail, thesecond part introduces our country divorce help system under the condition of theexisting social economic applicable exposed loopholes and imperfect, the third partintroduces the continental law system and Anglo-American law system about divorce economic help system of related laws and regulations and applicable, the last part ofthrough draw lessons from foreign advanced experience, to help our divorce economysystem change and termination, specific amount of the divorce economic help Angleto our country existing economy divorce help system put forward some Suggestionsfor the feasibility of legislation, make up the deficiency in the system of our country’sdivorce economic help, truly for the help of the weak effect after the divorce, realizesthe legal value of fairness and justice in the divorce.