Study On The System Of Divorce Economic Help In China

With the change of people's ideas and the development of economy,the divorce rate is rising in china.As one of the most traditional divorce relief system in China,the divorce economic help system is constantly enriched and improved.China's current "marriage law" 42 and "marriage law judicial interpretation," all of the system of the corresponding provisions,but the application of this system in judicial practice is not satisfactory.In 2003,Professor Wu Changzhen and Professor Xia Yinlan presided over the issue of the China law society,"the implementation of the marriage law" has been fourteen years,but China's economic help system is still not perfect.In order to make use of the unique function of the system in the relief of divorce,this article has carried on the detailed elaboration to this system,mainly includes three parts,the introduction,the main text and the conclusion.The main body includes four parts:The first part is an overview of the economic aid system of divorce.The main is to define the system,the analysis of the concept,introduced three kinds of theories about the nature of the economic aid system of divorce,namely the obligation to support continuation of moral responsibility and the right to life,security,and evaluates the three theories,that the nature of divorce economic help system for the continuation of this duty said.Based on the analysis of its nature,the author summarizes the important value function of the system.Finally,in order to understand the system,the paper compares the similarities and differences between the system and the economic compensation system and the damage compensation system.The second part is the status quo and problems of China's divorce economic help system.This paper introduces the legislative situation of the system in China and analyzes the application of the system of divorce economic help in judicial practice and the reasons for the low rate of application.Focus on the existence of many problems.The third part is the relevant provisions of foreign divorce support system and enlightenment.This paper summarizes the status of the foreign legislation of the maintenance system after divorce,from two aspects of the continental law system and the common law system.This paper compares the similarities and differences between China's divorce economic help system and the post divorce support system,and then discusses the Enlightenment of the maintenance system after divorce.The fourth part is about the perfection of the system of divorce economic help.From the determination of the applicable conditions,China's divorce economic help system specific provisions of China's economic aid system of divorce content,clear divorce economic help in the modification and termination and strengthening the divorce economic help safeguard measures four aspects.