On Marital Maintenance After Divorce

Interpretation(?)of the Supreme People's Court of Several Issues on the Application of the Marriage Law of the People's Republic of China has made crucial changes on the distribution of marital property,for example,though paying house loan with marital common property during the marriage existing period,the economic inferior party is very likely not to have legal rights on the common ownership of the house after divorce,while our country doesn't make any improvements on divorce remedy system accordingly,thus is definitely not beneficial to protect the rights of the economic inferior party.The maintenance system after divorce can remedy the injustice of marital property distribution after divorce effectively and take full consideration of both sacrifice and contributions during marriage existing period.As for maintenance system between a couple,China mainly emphasizes on that during marriage existing period as we can see definite articles in Marriage Law,while no such articles of marital maintenance after divorce can be found in Marriage Law.This paper tries to construct our country's marital maintenance system after divorce based China's practice through analyzing its basis of claim right and introducing legislative articles of both Civil Law System and Common Law System.The first part illustrates the injustice of marital property distribution after divorce for the economic inferior party under the analysis of China's newest judicial interpretation on Marriage Law,thus brings out marital maintenance system after divorce,then emphasizes on its importance as the economic remedy system after divorce.The second part is the overview of marital maintenance system after divorce.After exploring the origin of concept of marital maintenance system after divorce and analyzing its academic basis of claim right,I think it's reasonable that the incomplete status of the right of existence and development caused by divorce should be remedied by a marital system,and then illustrate the realistic effect of marital maintenance system after divorce.The third part presents and evaluates its legislative examples at broad.Whether in Civil Law System or in Common Law System,its relevant legislative examples are quite common.This part presents these from the presentation conditions?standard and method of presentation?alternation and termination of presentation and the guarantee of implement such four aspects which mainly represented by German?France and Russia in Civil Law System and England and America in Civil Law System,and summaries and evaluates their legislative specialty respectively.The fourth part makes a construction of marital maintenance system after divorce in China.Although there is some similarities between China's economic help system and marital maintenance system after divorce,but the economic help system cannot avoid the disadvantages such as narrowness in remedial range?strictness in remedial time?no regulations either on the economic abilities of the obliged party or on the standard and alternation of presentation.Then it puts forward its reform and makes our country's marital maintenance system after divorce into two types,remedial and compensatory maintenance.Determine its presentation standards and methods and set up its alternative and terminate conditions from rebus sic stantibus in civil law on the basis of the need of one party and the abilities of the other.The fifth part is the conclusion.Our law should pay attention to both the freedom of divorce and the balance of rights and obligations of former couple.The disadvantageous effects caused by divorce should be remedied by the marital system and then underlines the positive function of marital maintenance system after divorce.