Research On The Related Legal Issues Of Divorce And Maintenance

Properly handling the problem of maintenance after divorce is related to the harmony and stability of the whole society,and it is an important matter concerning the legitimate rights and interests of women and children,which should be paid enough attention to.Chinas current Marriage Law does not explicitly stipulate the system of divorce support,but Article 42 stipulates the system of financial assistance when one spouse divorces the other party in difficulty.This system is often called the "divorce financial assistance system" and is also regarded as Chinas divorce support system by scholars.As a kind of divorce relief system,the financial aid system of divorce has played a positive role in protecting the legal rights and interests of the weak party in marriage.However,with the development of society,the divorce economic assistance system highlights many shortcomings and deficiencies,resulting in a very low application rate in judicial practice,far from reaching its effectiveness in safeguarding the legitimate rights and interests of the weak,and also did not achieve the legislative purpose at the beginning of formulation.The system of divorce support is almost involved in the legal provisions of most foreign countries.Although there are some differences between countries in terms of name or specific contents,there are some provisions in the aspects of the right holder,the consideration of the maintenance expenses,the way of payment,the change and termination of the maintenance expenses,etc.Compared with the foreign divorce support system,Chinas divorce economic help system is not perfect and operational.Perfecting this system is of great significance to realize social justice and promote harmonious society.Based on the investigation of the current legislative and judicial situation of economic aid for divorce in China,this paper expounds in detail the defects and shortcomings of the system,and makes a comparative analysis of the system of divorce and maintenance in some countries of the continental law system and the European and American legal system.The author draws inspiration from the foreign laws and regulations,and puts forward some suggestions on the construction of divorce and maintenance system in accordance with the national conditions of our country.