Research On The System Of Divorce And Support

As a vulnerable group in society,women will face more difficulties and challenges in life and employment after divorce.The poverty of divorced women's life has become a universal problem in the world.However,the problem of poverty is more serious for women who are older or raise their minor children alone after divorce.Women often make great contributions to fertility and family affairs,and some women interrupt or even terminate their careers.If the law can not guarantee the legitimate rights and interests of women after divorce,it is bound to violate the value pursuit of fairness and justice,so the law needs to balance the conflict between the freedom of divorce and the interests of the vulnerable party.The system of divorce and support can alleviate the conflicts of interest mentioned above.The system of divorce and support refers to the system in which one spouse provides some kind of help to the other spouse after divorce(mainly financial help),so that the other spouse can avoid the difficulties of life.In order to relieve the weak party after divorce and prevent them from falling into difficulties in life,most of the countries in the world have established the system of divorce and support.Although the names are different,the contents and functions of the system are similar.There is no provision for divorce support system in China,but article 42 of the Marriage Law of the People's Republic of China(hereinafter referred to as "Marriage Law")provides for divorce economic assistance system and divorce support system.There are similarities in terms of function and content,so we can compare the two systems.In this paper,the methods of literature research,normative research,comparative research and gender analysis research are used to systematically study the system of divorce and support.Firstly,the basic theory of the divorce and support system is expounded,including the concept analysis of the divorce and support system,the comparison with the related system,the nature of the system and the function of the system.Then on the basis of analyzing the content of the current divorce economic assistance system in our country,the author points out that the economic assistance system of divorce in our country has many system defects,such as unreasonable time of application,too low standard of life difficulty,the provisions are too general and have poor maneuverability,the involvement of public power in divorce and maintenance agreements is not enough,unable to determine change termination.As a result of the narrow space for application in judicial practice,women who have difficulties in life after divorce have almost no means of seeking redress.Finally,it is suggested that the divorce and support system should be established in our country based on the judicial practice of our country and draw lessons from the rich legislative experience offoreign countries,and it should be regarded as an extension of the maintenance obligation of husband and wife to fill in the gaps in the system.The establishment of divorce and support system can not only prevent the weak party from falling into poverty after divorce,but also make both parties choose divorce carefully and strengthen their sense of family responsibility.Therefore,the system of divorce and support plays a positive role in the stability of the family and the harmonious development of the whole society.