On The Improvement Of The Chinese Divorce Relief System

Firstly this article introduces the basic problems of the system of divorce relief,introduces the system of divorce relief in ancient society and modern society,introduces the system of divorce relief plays the role of guaranteeing the freedom of divorce and the rights of husband and wife in Marriage and Family Law,which is the embodiment of the principle of Justice and Fairness in Civil Law in the Field of Marriage and Family Law,also introduces the research status of the three kinds of divorce relief system in our country.Secondly,this article points out the problems in our country's divorce relief system.The economic assistance system for divorce in our country has the problem of defining the nature.At the same time,due to the uncertainty of the standard of recognition of living difficulties,the amount of help can not be confirmed.In addition,the provisions on the time limit,mode and termination are also not perfect.The recognition of domestic labor value in our domestic compensation system is not comprehensive,nor does it provide any specific compensation standards.The system of compensation for divorce in our country can not fully solve the problem of tort liability in marriage.At the same time,the scope of fault,the scope of responsibility and the scope of the subject of claim are all too narrow.Thirdly,it introduces the foreign legislation on the system of divorce relief,draws lessons from the excellent foreign methods of divorce relief,identifies the specific methods of housing help,encourages the re-employment and self-reliance of the helper when making economic aid,and pays attention to the mental damage during divorce Compensation,and to establish a suitable system of divorce proceedings before the preservation of the system to ensure the implementation of the judgment after the lawsuit.Finally,put forward the perfect suggestion of our country's divorce relief system.For the economic assistance system,the legislation should improve the conditions of the request for economic assistance and confirm the specific amount of help as well as the ways and deadlines for help.For the domestic compensation system,the value of domestic labor during the marriage should be recognized at the same time as well as the negative impact and positive impact on the couple after the divorce.Extending the application for housework compensation system to during the divorce,using household chores as a major reference factor and combining all factors to arrive at a reasonable and fair compensation price.For the system of compensation for divorce damages,it should be noted that the divorce itself is a kind of damage to the injured party,and some other cases of fault that severely damage the normal life of the husband and wife should also be added.It should also expand the main subject of divorce damages and the scope of claim subject to make compensation for the damages caused by the special tort related to divorce,so as to simplify the procedure and save the judicial cost.In addition,due to the particularity of marriage,it is very difficult to prove the existence of fault.To this end,the standard of proof should be lowered,the legitimacy of private evidence collection should be legislated,and the guidance of evidence should be strengthened.