The Research Of The Divorce Economic Compensation System

The divorce economic compensation system in China has got little support from courts in judicial practice,and it has not played its due function.This situation is contrary to the original intention of the legislation.Therefore,the academic circles have different opinions on whether or not to abolish the divorce economic compensation system.The author believes that the system has the value of existence,and expects to make suggestions for further improvement of the system based on a more comprehensive analysis of the system.This paper is divided into four parts:The first part leads to the question.Through the case of Wang and Zhuang on the China Judgments Online and other cases in recent years,the research questions are raised,such as what is the divorce economic compensation system,what is its functional value,what are the shortcomings of the existence,and how to improve the system.Lay the foundation for the next analysis.The second chapter is about the concept of divorce economic compensation system.Firstly,it introduces and analyzes the different viewpoints of the economic compensation system for divorce in academic circles.On this basis,the concept definition of divorce economic compensation system is obtained.That is,divorce economic compensation system is a system in which one party who takes on more housework has the right to ask the other party for financial compensation during the period of marriage.Around this,the author believes that the divorce economic compensation system has three characteristics: the subject is a legal couple,and the substantive condition is that only one party has more responsibility for housework,and the time condition is it can only be filed at the time of divorce.Finally,the author analyzes the connection and difference between the divorce economic compensation system and the divorce economic help system.The third part analyzes the functional value of the divorce economic compensation system.Any system that exists has its own unique functional value.The divorce economic compensation system is set up to equitably distribute the property during the marriage,respect the value of domestic work and safeguard the legitimate rights and interests of women.Its value orientation has two aspects: one is to recognize the labor cost of domestic work,to reflect the value orientation of fairness and justice;the other is to safeguard the legitimate rights and interests of women and respect the freedom of marriage of the parties.The fourth part analyzes the shortcomings of the divorce economic compensation system in China,and proposes and improves the legislative proposals.Since the implementation of the amended Marriage Law,the shortcomings of the divorce economic compensation system in China have been revealed.Such as the precondition is too harsh,the applicable time conditions are strictly limited,and the lack of specific compensation standards and compensation payment methods are not clear.Therefore,it is necessary to further improve the legislation,for example,revising the precondition to permit apply to the couple who live in the common property system;allowing one party to undertake more housework duties during the period of marriage to demand an appropriate amount of money from the other party for free disposal;and defining the compensation standard,refer to the payment of more than one person who is responsible for family work,the benefit of the other,the length of the marriage relationship,the age and health of the husband and wife,employability and living conditions and so on;clarifying the payment method of compensation,and allow the court to determine the form of compensation and the time limit for compensation based on the circumstances of the case.In short,the author agrees to retain the current divorce economic compensation system and on this basis to modify it.This can help to fully realize the purpose of setting up the divorce economic compensation system,and at the same time it is in line with the fair principles of the General Principles of Civil Law,which is in line with the sense of legal justice of most people.