| The system of divorce maintenance is a common system in the legal system of all countries,and it is a balance point between the freedom of divorce and the protection of the rights and interests of vulnerable groups.The modern marriage has not simply personal relations,but also including the property relations,which are produced based on personal relations so that the divorce of the legal action,not only to solve the couple’s personal relations,but also need to solve the property relations between the two sides.This paper consists of five chapters.The first chapter mainly introduces the nature of divorce maintenance system and the history of divorce maintenance system.Through the comparison of divorce maintenance system and economic aid system of divorce,the two concepts of the system of compensation for divorce,divorce maintenance system clear generalized difference and narrow divorce maintenance system,and discusses the alimony system is defined as a narrow divorce maintenance system.Through the discussion of the historical changes of the system of divorce maintenance,the author further clarified the nature of the system and the close relationship between the system and the system of divorce.The second chapter mainly introduces the theoretical basis of divorce maintenance system,this paper introduces the current mainstream "marital obligation extension" and "husband and wife duty extension negative" two views and the author’s identity "view of marital maintenance obligations extend".The third chapter mainly describes the problems in the practical application of our country’s divorce support system and introduces the development process of our country’s divorce maintenance system.The fourth chapter introduces the main countries in the world of divorce maintenance system,and from the divorce system and the form of marital property ownership,etc..The representative countries of the continental law system,including France and Germany,the United States and Britain on behalf of the legal system,including the United Kingdom and the United states.At the same time,the author makes a comparative analysis of the divorce support system of the Hong Kong,Macao and Taiwan regions,which is close to the mainland culture and language.The fifth chapter is mainly combined with the discussion of the fourth chapters,combined with the reality of our society,to further improve the system of divorce maintenance of the author’s point of view.The author believes that the relevant provisions of China’s divorce support system should be more clear and clear,easy to implement.At the same time also should be clear,complete divorce is the fundamental purpose of the modern divorce system,social security system is to protect the vulnerable groups of divorce,divorce maintenance system can only play a supporting role,can not replace the role of the social security system,therefore,at the same time safeguard system in divorce divorce vulnerable groups,but also to maintain a reasonable limit otherwise,it undermines the fundamental purpose of the establishment of divorce maintenance system. |
