On The System Of Spousal Maintenance

China's Marriage Law establishes a system of divorcee's economic assistance to protect rights of spouse.However,the legal nature of its existence is unclear,the application of preconditions is harsh,there are no specific rules that can be manipulated,and the regulations are not to be delayed.Its nature has caused great controversy in the academic world,and it lacks specific operability in judicial practice.It has not played its role in assisting a divorced weak spouse and balancing the rights of divorced parties.In view of this,this article thinks that we should review our country's economic assistance system again,refer to foreign excellent legislation,and consider the theoretical basis for the right to divorce support in countries currently applicable.Based on the above,we try to construct a divorce support system that suits our national conditions.Replace the current economic assistance system for divorce.This article first elaborates the legislative provisions and judicial status quo of our country's divorce economic help system.It reveals that the existence of regulations in this system is too general and the conditions for application are harsh.It cannot achieve the function of replacing divorce support;at the same time,it introduces the current academic community's right to request for help.Various views of nature and comment on it.Secondly,from the perspective of comparative law,we introduce the systems of divorce and support in countries such as the United Kingdom,the United States,and Germany.We also provide a brief summary and analysis of the divorce support system in these countries,and specifically analyze the theoretical basis and reasons behind their right to request divorce support.It is of significance for us to build a divorce support system that suits our national conditions.Next,from the perspective of the value of the divorce support system,we elaborated the necessity of setting up the system in China,and analyzed various current theories about the right to support the request,and sought the appropriate theoretical basis for understanding the marriage relationship more accurately and establishing a divorce support system.This is the key part of this article.The last part is to establish a system of divorce support in China to replace the current system of economic assistance,and to establish a support system with three types of content,namely,restoration support,compensatory support,and aid support.