Study On The Divorce Economic Compensation System Of China

As the first law promulgated after the founding of the PRC, Marriage Law highlights its importance in our legal status. It has been more than 60 years of history from the first version promulgated in 1950 to significantly modified version in 1980 and 2001 by the national legislature, in order to adapt to China’s evolving marital status and the characteristics of the relationship between marriage and family, also to keep pace with the development of our economy and society. Currently, the applicable marriage law in China is the modified version in 2001. As it has been modified to a relatively large extent, many people call it the New "Marriage Law." One of the most notable modifications is the improvement of divorce relief system in our country, which was added with Divorce Damage Compensation System and Divorce Economic Compensation System on the basis of Divorce Economic Assistance. However, since the Divorce Economic Compensation System was established, academia has never ended the discussion and debate.Some people think that the system in the legislation confirms the value of housework, and to enhance the status of women is very significant. Some people think that the system just looks very good; in fact, there is little application space. Divorce Economic compensation system has profound theoretical basis. The theory of housework value, the theory of rights and obligations equivalence and the theory of marriage benefits are the theoretical basis for its existence. And the system also demonstrates that China’s Marriage Law has been pursuing the law value of justice, liberty, happiness, etc. However, the system still should be modified and improved in order to better play the role of Divorce Economic Compensation System, to Balance the rights and obligations of divorce parties, and to realize the equality of both parties. Through in-depth study of the theory of marriage and family law and related monograph, the author finds that the Divorce Economic Compensation System has its own unique characteristics and functions, different from Divorce Economic Aid System and Divorce Damage Compensation System, but the three all protects the relatively weak party. Divorce Economic Compensation System should learn from some foreign advanced experience and actively improve itself: to unify the academic title; to expand its scope of application; to cancel the restrictions of matrimonial property; to increase the general applicable conditions; to refine the applicable standards and consider several factors when determining the amount of compensation; to improve the compensation way and form, so as to make the Divorce Economic Compensation System more operational, to provide practical relief solutions for the party that suffered injustice when divorce, and to make both parties fair and equal on the rights and obligations.