The Study Of Chinese Divorce Relief System

It has become a universal social phenomenon which the divorce rate has increased steadily in most countries. More and more marriage and family disintegrate, it may relate to the concept of freedom of divorce and no-fault divorce principle. The dissolution of a marriage means not only cause significant changes in personal and property relations of spouses, but also affect their children and even affect the whole family. Divorce Relief System is the sum of the various legal remedies for damages, harm, loss of marriage which caused by divorce. Different theoretical models of marriage play an important role in decide our understanding of the nature of marriage and improve the institution of marriage. Marital partnership model essentially advocate partnership couples, both make equally contribution to marriage, it stresses the equitable division of marital property, and one of the husband and wife who does more housework must be compensated. These ideas are coincided with the Relief System of Divorce. The innovation of this paper is I chose marriage partnership model as a particular perspective to re-examine Divorce Relief System. Firstly i summarize the defects of divorce relief system in judicial practice, then put forward rationalization proposals, to improve value and function of the divorce Relief System. Housework compensation system and Divorce financial assistance system have more solid theoretical foundation in the support of the theory of marriage partner; divorce Relief System should be defined as equity interests again after the divorce between the parties; Category division of marital property should belong to divorce relief; under the theory of marriage partner, marital property division should emphasis on fairness and justice, such as the division of human capital personal professional reputation, diplomas, licenses, etc. should also be included in the scope of jointly owned property; when we talk about the damage and influence on minor children of the dissolution of marriage, I think the minor children is the subject of divorce relief, Improve the relevant supporting system which matches child protection.