Study On The Divorce Economic Compensation System Of China

The divorce economic compensation system is designed to provide relief to the spouse who is more committed in the event of divorce.The Civil Code extends the application of the divorce economic compensation system to all forms of property system and adds relevant provisions to be agreed upon by both parties,further strengthening the value of domestic work and safeguarding the substantive equality of gender in marriage.The application rate of the revised divorce economic compensation system is bound to increase greatly,but the specific application provisions of the system are still vague in the Civil Code and relevant judicial interpretations.Based on this,it is necessary to study the basic theory and empirical situation of the divorce economic compensation system stipulated in Article 1088 of the Civil Code,and then explore the perfect application of the divorce economic compensation system.The theory of gender equality,the theory of value of housework and the theory of relational contract,as the theoretical basis of the divorce economic compensation system,reveal the reasons for the differences in the division of housework,the compensatory nature and the compensatory nature of housework.Compared with the system of property division in divorce,the two systems have different functional values.The reality of marriage relationship and the existing laws show that it is impossible to achieve the purpose of economic compensation through property division in divorce.However,the empirical study found that there are also some obstacles in the application of the divorce economic compensation system,such as the poor connection of the system,the unknown standard of compensation amount and the single payment method,and the limitation of the compensation filing method,which affect the concrete implementation of the system.After the implementation of the Civil Code,to explore the perfection and application of the divorce economic compensation system,we should first coordinate the relationship between the divorce economic compensation system and other systems,specifically,we should adhere to the application principle of "dividing first,then making up",and make compensation with the personal property after property division.When applied in conjunction with other divorce relief systems,the divorce financial assistance system should be used as the bottom line.Secondly,the amount of economic compensation for divorce should not be determined by household service wages instead,and it is more reasonable for judges to decide at their discretion according to compensation factors and limiting factors.Thirdly,in the process of divorce by agreement,the two parties cannot agree on the economic compensation and in the process of divorce by litigation,the defendant proposes economic compensation in the second instance,if the applicable conditions are met,it shall be allowed to file a separate lawsuit.Finally,the implementation of the compensation mechanism also needs to strengthen the knowledge of the rights of the parties and prevent the risk of failure to perform compensation.