Research On The Divorce Economic Compensation System Of China

The new Marriage law created the divorce economic compensation system,which together with the divorce economic assistance system and divorce damage compensation system constitute a complete divorce relief system in our country.The establishment of the divorce economic compensation system of China has far-reaching significance.On the one hand,it affirms the value of housework in the legislation and helps to protect the lawful rights and interests of the party who pays more obligations to family.What's more,it can balance the interests of both husband and wife,and maintain family stability;on the other hand,it is conducive to play the role of legal guidance.The wife takes more or even all of the housework,under the influence of the traditional family division pattern of “male outside,female inside ”.The establishment of the system can lead the husband to realize that housework is valuable,so as to actively share domestic work and gradually change the existing pattern of family division.However,through the empirical investigation,it is found that the application rate of the system is low in practice and does not play its expected function.The reason is that our people's legal awareness is not high and they can not fully accept the system,and more reason is that there are some defects in the divorce economic compensation system of China,which leads to the lack of operability in judicial practice.Accordingly,there has been a dispute about the existence and abolition of the divorce economic compensation system of China in the academic world.Although there are some shortcomings in the system,it supplies a legislative gap and consummates the marriage law system of our country,which is of irreplaceable significance.To change the current situation of our country's divorce economic compensation system,we should perfect it rather than simply abolish it.Therefore,it is necessary to analyze the defects of the system,then to improve it.First of all,by elaborating the legislative status and judicial status of the divorce economic compensation system of China,the necessity of the system is analyzed,and the problem of low application rate of the system in judicial practice is summarized.Secondly,by discussing the academic disputes about the concept,nature,keeping or abolishing and the scope of application of the divorce economic compensation system of China,it is concluded that the reason for the low application rate of the system in judicial practice include the following points: the scope of application is too narrow,the application time is unreasonable,the standard of economic compensation is not clear,the form of economic compensation is lacking,and the evidence burden distribution is unreasonable.Finally,we suggest extending the scope of application to the common property system,extending the system's application time,clarifying the reference factors of the system,stipulating the way of economic compensation,and distributing the burden of proof reasonably.This paper is written on the basis of the above thoughts.It is hoped that the divorce economic compensation system of China can be perfected and applied to judicial practice,so as to protect the interests of the party who pays more obligations to family,especially the interests of women,so as to demonstrate the fairness and justice of the law.