The Improvement Of Divorce Economic Aid System In China

There is a rising divorce rate over the last decade in China, which would lead to lots of adverse consequences. For instance, after divorce the economical disadvantaged party will suffer from life difficulty. If all these people with financial difficulties get national assistance, it is imposed the burden on the society. In order to avoid this dilemma, we have established the divorce economic aid system, which reasonably distribute the unfavorable consequences caused by divorce, make the former spouses fairly share the economic difficulties caused by divorce.The divorce economic aid system has been provided by Article 42 in Marriage Law. This system is aimed at Safeguarding the principle of freedom of marriage in Marriage Law, protects the legal civil rights and interests of the party who have financial difficulty after divorce, finally promote family structure stability and social harmony.But divorce economic aid system has serious institutional defects, it is rarely applied in judicial practice. Given so many problems exist in the economic aid system, it is necessary to improve it, to reflect this system and consider reconstructing it.The thesis contains abstract, body and conclusion. The body partis including the following content:Chapter one mainly introduces basic theory about divorce economic aid system in China, including the connotation, jurisprudential basis, nature and the components of it.Chapter two analyzes the defects of the economic aid system and the causes of them on the basis of the chapter one. There exist some defects which includes that the standards of economic difficulties are unreasonable and uncertain, the scope of aid receiver is very limited, the applicable conditions are critical, the regulations of dwelling aid are very hard to be enforced in juridical practice, the amount of economic assistant is low. The main causes of these problems are the parties have weak awareness of their rights as well as the defects in the system itself.Chapter three introduces the opinions about the dispute over the retention or abolition about the economic aid system in China, thendraws a conclusion that although there remains many flaws in this system, and the application is not ideal, but it still have the independent existence value which cannot be replaced by any other institution or theory.Chapter four, mainly from comparative perspective,separately researches the spousal support system in major countries (regions) in both civil law and common law, summarized on the legislation of the United Kingdom and the United States represented by the common law, use the legislative experiences of the Germany and France represented by the civil law for reference, enlightened by the alimony payments system in Taiwan Area, looking forward to get inspiration from the relevant legislative experience of other countries and regions to perfect our economic help system.Chapter five, given the traditional culture of our society, the judicial practice experience and these problems exist in the economic aid system, it is necessary to reflect this system and reconstruct it using the foreign legislative experience. Therefore, the applicable conditions of divorce aid system should include the relative economic difficulty standard and the obligor has the financial ability to provide the economic aid. Furthermore, the considerations, method, situations of change and termination are clearly defined in this thesis. And the exercise time of divorce economic aid claim is also reasonably set up according to the different method of divorce. The ultimate goal is to enhance operability of economic aid system in judicial practice, these suggestions are also expected to provide theoretical reference for perfecting lawmaking in relevant system in Marriage Law.