Research On The Judicial Application Of The Economic Compensation For Divorce

Divorce economic compensation system is seted up by the "marriage law" article 40 upon divorce relief system,in the practice under the premise of husband and wife property system respectively,because of raising children,taking care of the old m an or assisting the other party,the party of paying more obligation,when divorce shall have the right to request com pensation to the other party.Choose econom ic compensation system of divorce as a graduation research topic is the result of recording a case m any years ago.The author deeply too simple rules lead to the judicial practice operational is not strong,t oo harsh conditions are easy to be closed to the door of justice,the parties to m aintain the lawful rights and interests of obstacles,in particular,how compensation is still a bi g problem in the judicial practice.Certainly when the system value,the vast majority of scholars in not too much to mention specific judicial application problems.Is difficult to be solved in judicial practice,the study of the subject with strong practical significance.Which is not only to protect wom en,but in the practice of housew ork and assist the other party to pay m uch more for women,therefor e,in this paper,the au thor mainly discusses the woman's rights and interests protection.This article is divided into four parts.In the first chapter,the author analyzes the basic theory of divorce econom ic compensation.Firstly the author introduces the dispute of the system in education al circles,the author have a positive attitude.Secondly,the author analysis the theoretical basis.Th e value of house work is the economic foundation of its existence,Justice in the field of m arriage and family is the legal basis of its existen ce,the order of rural societ y is the social f oundation of its existence.In the second chapter,the au ther surveys the situ ation of judicial application of economic compensation system of divorce.To understand the effect of economic compensation system of divorce,in fact,the auther observe and study Quanzhou city to two levels of courts and scholars made in places such as Beijing,Shanghai,jilin survey related to comb a divorce case data,and the present judicial application in divorce economic compensation.It is concluded that the system in the compensation conditions,scope of c ompensation,standard of compensation,way of compensation,Impact value play of the system.In the third chapter,the auther work at comparison research on system of economic compensation related to divorce.Among The civil law countries,the auther se lectes Germany and France the divorce economic compensation system for the related research,among The Common law countries,selectes divorce in Britai n and the United S tates by the econom ic compensation system for the related research.Basisd on the summary and analysis of extraterritorial system in com pensation conditions,scope of compensation,compensation standard,the auth er get th e enlightenment to our country on the way.Tn the fourth chapter,aiming at the problems existing in fact current,based on the judicial practice for many years,on the basis of economic com pensation system of divorce in other countries,the auther puts forward the im provement of the economic compensation system of di vorce concrete opinions,including compensation condition,scope of compensation,com pensation standard,compensation mode,perfect specific advice.