A Practical Analysis Of The Divorce Financial Assistance System

At present,China's Marriage Law has formulated the divorce economic assistance system,which has positive significance for protecting the interests of the financially disadvantaged party after divorce and guaranteeing the freedom of divorce.However,its application and conditions seems are harsh.In judicial practice,there are some defects,such as weak protection and difficult application.There is a great chance that the poor earners will be unable to maintain their basic living standard because of the termination of marriage,and there is a big gap between them and the economic level before the termination of marriage.There is also a party who contributes more to the common life of both parties during the period of marriage,while the contribution of the family has not yet been converted into the common property of the family to end the marriage and pay more rights of the other party.The situation is which seems will be suffered in a result.Therefore,it is suggested to improve the applicable conditions of this system so as to make it more applicable in judicial practice.To perfect this system,we can perfect our Marriage Law and safeguard the rights of the disadvantaged parties in the marriage relationship,so as to safeguard the authority of the law,ensure the fairness and justice of the law,and promote social harmony and stability.This artical is mainly have three parts:The first part analyses the divorce cases of judging divorce financial assistance.The disputes mainly involve the financial assistance of the difficult party in divorce,and the application of divorce financial assistance system in divorce.According to the problems arising from judicial practice,the author puts forward problems and analyses and considers them.The second part further analyses the connotation,jurisprudence,applicable conditions and problems arising from the use of the divorce economic assistance system.It briefly analyses the legal consequences caused by the termination of marriage relationship,and the meaning,internal ethics,basic legal principles of the divorce economic assistance system,the basis of the Marriage Law and related laws,as well as the shortcomings of the China's Divorce Economic Assistance System.According to the empirical analysis,the divorce economic assistance system has not been widely applied in judicial practice,mostly because the divorce economic assistance system in China is too strict in terms of applicable conditions in law,narrowing the scope of the main body,thus it is difficult to protect the basic interests of vulnerable groups and the recipients lack due subjective consciousness.In the third part,through the analysis of the meaning of the divorce economic assistance system,the problems arising in judicial practice,the inherent legal significance,and the problems reflected in judicial practice,the thinking and conception of the divorce economic assistance system in China are obtained.Suggestions for improving economic assistance are put forward.Improve the relief system after divorce in China.