The Research On The System Of Economic Compensation In Divorce

For a long time, a spouse who totally stay at home or don’t participate in social works is said to be “doing nothing” or as a “sponger”. It’s widely believed that domestic labor is “unproductive” and not worth being treated seriously. However, this evaluation is unfair to people who sacrifice their rights and ambitions to look after their family livelihood selflessly. The establishment of China divorce economic compensation system will contribute people to face the value of family unpaid labor and to obtain the above group justice evaluation at the same time to give them a legal basis on preserving their rights and interests, guaranteeing their rights of divorce freedom and compensating their property rights accordingly when divorce.The article aims at the emerging issues in juridical practice to conduct serious reflection of China divorce economic compensation system and strives to find a way to perfect the system and promote practicability and scientific character of the system operation consequently of China divorce economic compensation systems serious reflection. The body parts have four sections. The first section introduces the definition and characters of China divorce economic compensation system as well as the relationship between others connected systems. The second section analyses legislative samples of domestic and overseas economic compensation systems by the method of comparative research and indicates the tendency of affirming housework value in each country by a certain system through detailed analysis as well as the enlightenment about overseas relevant legislation by combining our current implementary situation with our country divorce economic compensation system.The third section introduces the relative legal regulations in our current divorce economic compensation system firstly and then specifically analyses the emerging issues on our current divorce economic compensation system based on preamble analysis. The forth section puts forward relevant suggestions on perfecting our current divorce economic compensation system by combining the current system deficiency issued in the third section with foreign legislation advantages in the second section. Finally, by summarizing the whole article to refine out the central thesis which is the article statement.