The Economic Compensation System Of Divorce From The Perspective Of Law And Economics

The divorce economic compensation system is an important system for the amendment of the marriage law in 2001.The establishment of divorce compensation system has far-reaching significance for the development of marriage and family affairs legal system in China.With the progress of society,the change of people's new family concept and the continuous development of the market economy,China has gradually affirmed the value of housework from the legislative level,which is conducive to the protection of the legal rights and interests of the party who pays more obligations in housework.Balancing economic interests within the family;Maintain family stability.However,the use frequency of divorce compensation system in judicial practice is very low.To some extent,it can be said that the establishment of divorce compensation system has not reached its real legislative purpose,or it can be said that the content of the provisions of divorce compensation system is difficult to adapt to the current social development needs.The possible reason is that the legal consciousness of the Chinese people has not been improved and the popularization of the idea of rule of law has not been deeply rooted.In addition,the more reason is that the divorce compensation system has legislative defects from the system,which leads to the lack of operability in judicial practice.In the face of the above needs,the traditional legal research model has been unable to meet.Economics is a kind of tool of analysis and research on social problems,the author thinks it is economics as a new research method,it is of great significance to the perfection of divorce compensation,and also obtain corresponding research results at home and abroad,so the introduction of divorce law economic research methods to analyze the economic compensation system has its feasibility and necessity.Because of this,this paper tries to analyze from the Angle of law and economics.From the Angle of law and economics,this paper analyzes the shortcomings of divorce compensation system in China.First,this paper expounds the economic improvement of China's divorce compensation system;It is necessary and feasible to analyze the law and economics of divorce compensation system in China.Secondly,through the analysis of the divorce compensation system of law and economics,the purpose is to find out how to build a reasonable divorce compensation system fromthe perspective of economics.Finally,from the perspective of law and economics,this paper analyzes the problems existing in China's divorce compensation system,and then puts forward the countermeasures with economic characteristics--that is,China's divorce compensation system should protect the applicable premise of divorce compensation system,clarify the corresponding compensation methods,and unify the corresponding compensation amount.Through combing the above context,this article hopes to how to perfect the system of divorce compensation in our country put forward the feasible Suggestions on the legislation,make the divorce compensation system to better adapt to the development of the society,to meet the needs of the current judicial practice,the better maintenance and balance the economic interests between family members,in order to help protect vulnerable groups,to reveal the fairness and justice.