Research On The System Of Divorce Compensation In China

Regarding to the divorce compensation,Clause 40 of ChineseMarriage Law and clause 10 Of Judicial Interpretation of Marriage Law? has respectively made clear regulations to divorce economic compensation and compensation system for value added part for mortgaging house,the provisions of these two laws constitute China's Divorce Compensation System.The establishment of Divorce Compensation System has great practical significance for its humane care and safeguarding lawful rights for the weak part in marital relationship.But in recent years,this system has also encountered tremendous problems during judicial practice.It has constrained the proper operation for the system.Therefore,it is quite necessary to figure out how to improve China's Divorce Compensation System and make it more adaptive to our economic development.This article will try to find a proper way to improve China's Divorce Compensation System and make it more practical and reasonable by studying and analyzing the divorce economic compensation and compensation for value added part for mortgaging house.This article will be named as Study and Analysis for Chinese Divorce Damage Compensation Systemand will conduct the analysis by the following four parts.The First Part:Basic theory of China's Divorce Compensation System In this part,the author will elaborate based on the following five aspects:definition,type,function,applicable time of divorce compensation,as well as the difference between Divorce Damage Compensation System.The Second Part:Deficiencies of China's Divorce Compensation System This part will elaborate and analyze the three mainly deficiencies existing in Divorce Damage Compensation System and compensation system for value added part for mortgaging house.First of all,there are four aspects need to be improved.Namely,this system can only be applied when the contractual marital property is unreasonable,limited time for compensation request,vague compensation standard and no detailed way of compensation.Secondly,there is no detailed and standard calculation method for Compensation system for value added part for mortgaging house.It is not good for the Party who made no mistakes in marriage and paid zero down payment for mortgaging house.Thirdly,there is no concrete regulation to the compensation for value added part for mortgaging house.The Third Part:Investigation and Reference for Overseas Divorce Compensation SystemIn this part:the author will give a detailed introduction and analysis to related divorce damage compensation regulations for common law system countries and continental law system countries and the inspiration and enlightenment we can learn from these countries.The Fourth Part:Ideas for improving China's Divorce Compensation SystemBased on the abovementioned analysis,in this part,the author will try to provide suggestions to improve China's Divorce Compensation System and compensation system for value added part for mortgaging house.Regarding to Divorce Compensation System,there five suggestion we should attention:cancel the applicable limit and extent the ways of compensation.allow to request for compensation even in the circumstance of couple common ownership,allow to request for compensation for the reasons that loss of chance or support each other's further study,as well as consider more related factors.While for the suggestions for compensation system for value added four part to mortgaging house,the author thought detailed and concrete compensation standard will be added and strengthen the protection for the party who made no mistakes in marriage and paid zero down payment for mortgaging house,factors concerned for the party who has no property right for mortgaging house.The Marriage Law shall also add the compensation system for value added part for mortgaging house.