Research Of Chinese Economic Compensation System Of Divorce

In the modern society, as a men and a women get married and combined into acommunity, the property relations, which has become an indispensable part in theirlife, has its own characteristics. After the divorce, the community will disintegrate, notonly remove the identities of both sides of the marriage, the property relationship willbe lifted as well. At this point, a fair and reasonable standards of the division ofmarital property is needed to be established, on the behalf of both parties, to protectthe legitimate rights and interests of the person effectively. The economiccompensation system is a big improvement of legislation in our country as it protectedthe rights of the disadvantaged party of the divorce. Further more, it has importantsignificance to improve China’s legal system. The system acknowledged the value ofhousework, from this point, the system could protect the interests of the familymember who paid more family duty. However, it has been rarely practical applicatedsince the system set up. The fundamental reason is that there is still some deficienciesin the economic compensation system of divorce itself. In contemporary China, asdivorce relief system with solid foundation, the economic compensation system ofdivorce is in urgent need for improvement so that it can really play a role in our lifes,protect the legitimate rights and interests of the weak parties of divorce moreeffectively.In this article, I made a probing analysis of the origin and development ofdivorce economic compensation system as well as its legal basis. Compared it with the relevant foreign legislation and analysised its shortcomings which have beenexposed in practice. Tried to put forward some suggestions for improvement such asextended the premise to common property of the couple, establish a certain exerciseperiod for the right to claim compensation, refine the methods of economiccompensation. Hope to make the system to serve the public better, for playing its rolein practice and achieving the legislative purpose.