Maintenance System Study After Divorce

After the couple divorced dependent system, in the law of many countries involved inalmost all the legal provisions of China’s Hong Kong and Macao Special AdministrativeRegion and Taiwan region are relatively perfect system for the contradiction between theformer spouses after divorce to ease a great contribution to the consolidation of harmonioussocial relations with more far-reaching significance. The specific provisions of national lawsin the system is slightly different, but the core content is similar, that is, after the divorce willfall into poverty in economic conditions, it is difficult to maintain one of its basic standard ofliving during the marriage or the relationship continues to exist innocent spouse may apply tothe better economic conditions and the ability to provide other assistance, request money orother forms of institutional aid."Marriage Law" provisions of the country in2001increased by a lot of the provisionsrelating to divorce relief system, the system establishes three basic system. In our legal theoryis usually referred to carry out its economic compensation housework for women, the spiritualand material life to help the poor and vulnerable economies divorce party damages. Therevised pay more attention to the legitimate interests of the weak and the effectivemaintenance. This provision is to allow divorce after a serious decline in the standard ofliving will be a party, not because taking into account the cost of divorce to pay for exorbitanteconomic dare not divorce, and hugs on the verge of a broken marriage. This is the principleof freedom of divorce "marriage" advocated coincide, but also more conducive to theprotection of equality and independence parties couples on personality. However, the specificcontent of China’s current "marriage" divorce stipulated relief system, not only in the judicialpractice not widely applicable to a large number of cases relating to divorce disputes amongthe disadvantaged party to play its relief function, and because of its legal provisions are tooshort, resulting in divorce proceedings to the court, the judgment is usually made by a courtdoes not fully protect the legitimate rights and interests in many aspects of mental harm andproperty and other vulnerable spouse of a party. Our paper suggests "marriage" in the futureto further revise and improve it, should be based on more detailed legal provisions requiring amore comprehensive system of dependent spouses after the divorce, instead of China’s current"marriage" as required for the original spouse living in poverty economic help system. This paper from the preliminary study dependency system was established after thedivorce, how to play its vital role in China’s judicial practice to start, and then through theanalysis of the system has the potential value of the function, to in-depth study of the systemin the judicial practice the specific application problems, and ultimately to understand thenature of the content under the premise of the system slitting strand analysis, hoping to Chinain the near future to develop the "Civil Code" to provide some of their own views, forlegislators reference.This article from four angles to study the system:The first section briefly discusses the definition of the system, the necessity of the natureof the system, the type and construction.The second part focuses on the detailed provisions of the existing "marriage" divorcefinancial help system and apply our plight in judicial practice, and then analyzes theirobstacles and defects in the system is applicable to the present.The third part of the study after the divorce extraterritorial dependency system, andassessment focuses on the legal provisions relating to the system of Germany, France, Britain,the United States and four of Hong Kong, Macao and Taiwan regions.The fourth part elaborates Spousal Support our perfect proposal.