Research On The Divorce Economic Compensation System Of China

Article 40 of the Marriage law of China stipulates that if one party has paid more obligations in raising children,taking care of the elderly and assisting the other party's work,then they can ask the other party for economic compensation at the time of divorce.This system is called the divorce economic compensation system,which is an important part of divorce relief system in China.At the beginning of its establishment,the system has gained wide support from academia.The scholars generally believe that this system has perfected the divorce relief system and reflected the principle of fairness and justice,which is a significant progress in the Marriage law of China.Although the divorce economic compensation plays an important role in balancing interests' relation and evaluating the devotion of couples for their family,this system is rarely been applied injudicial practice.The main reason for that is the content does not match the social reality and the system design is too simple.Therefore,the major problem that needs to be considered is how to enhance this mechanism in order to make it play its role effectively in practice.The paper tries to answer this question through theoretical and practical analysis.Two main methods are used to facilitate the analysis,which are case analysis and comparison method respectively.By exploring theory meaning,the necessity of existence and problems in judicial application,the paper analyzes methods to perfect the system.The first chapter outlines the divorce economic compensation system.Firstly,it introduces the origin of system,its content and theoretical basis——the value of housework,including the negative and affirmative views.The second chapter analyzes the theoretical and realistic meaning of the divorce economic compensation system.In the theoretical meaning,the paper discusses relevant systems in France,Switzerland and America.Then,it analyzes the function in perfecting the divorce relief system and the necessity of its existence when adapting the separation of property regime.In the realistic meaning,it analyzes the function in maintaining gender equality,stabilizing family relations,improving the plight of the left-at-home wives and ensuring the freedom of marriage.The third chapter introduces the judicial application of the divorce economic compensation in lawsuits.Through the investigation,it concludes five problems in the application,including the separation of property regime limits the application,high-difficulty for the litigant to provide evidence,unclear compensation standards,single compensation mode and short time in presenting the requestBased on the above content,the fourth chapter outlines the final advices in five different aspects,which includes enlarging the applying scope,perfecting the system of giving evidence,building quantitative compensation standard,introducing multiple means of compensation and relaxing the time limit for filing lawsuit.