| The divorce rate in our country has been increasing year by year,and divorce will bring many unfavorable consequences.For example,divorce may make one party face difficulties in life and cause family and even social instability.The purpose of the divorce financial assistance system is to help the party who has difficulties in life at the time of divorce,and to guarantee the freedom of divorce.Many foreign countries also have similar systems,such as "support after divorce" and "divorce support system."As one of the three major relief systems,the divorce financial assistance system plays an irreplaceable role in the other two systems,and it is also the most applicable system in practice.The Civil Code only makes a small modification to the financial assistance system for divorce.The divorce financial assistance system aims to protect the freedom of divorce,reduce the negative impact of divorce,and protect the economically disadvantaged from falling into a helpless state due to economic problems.There are some disputes about the legal nature of divorce financial assistance system among scholars.The application of the divorce financial assistance system is strict.The rapid economic development of our country has promoted the improvement of people’s living standard,the identification of living difficulties in the past does not conform to China national conditions,resulting in a smaller and smaller scope of assistance.Moreover the provisions are simple,and there are no specific provisions on the methods of assistance,changes,termination circumstances and protective measures,so it is difficult to play the role of legislation to balance the rights and interests of the divorced parties.We should consider the social development and balance the needs and affordability of both parties,combine with the national conditions of our country,and reasonably learn from the mature experience of foreign countries and the suggestions of scholars to perfect the divorce financial assistance system.Difficulties in life are divided into absolute difficulties and relative difficulties.Our country applies the absolute life difficulties standard in practice,which does not conform to the national conditions that China has entered an all-round well-off society.Relative life difficulties are the proper meaning of the determination of life difficulties.The help methods should be diverse and easy to implement,which can better solve the actual needs of the person in difficulty.Refine the changes and termination of the divorce financial assistance system to balance the living standards of both parties to the divorce;refine the safeguard measures to encourage the provision of assistance to the party to get out of life difficulties as soon as possible,so as to achieve marriage and family stability and social harmony. |
