Research On The Divorce Economic Compensation System Of Civil Code

Before the "Civil Code" was promulgated,the divorce economic compensation system had existed in our country for nearly two decades.However,from a practical point of view,the implementation effect of the system did not meet the legislators’ expectations,and the application rate was low.The divorce economic compensation system takes the recognition of the value of housework as the core,and is also called the housework compensation system.The financial compensation system for divorce after the amendment of Article 1088 of the Civil Code deleted the prerequisites of the separate property system,which made its application more extensive.After the Civil Code came into effect,a number of hot social cases appeared.Stones from other mountains can be used to tackle the jade.With the current trend of the international community paying more and more attention to the protection of women’s and children’s rights,looking at countries around the world,we will examine the status quo of relevant systems with the recognition and protection of the value of housework as the core.The investigation of the relevant legislation of the country and region can provide enlightenment on the application of my country’s divorce economic compensation system.In practice,my country’s divorce economic compensation system still has several problems,single compensation payment method,and incomplete compensation scope,etc.,which need to be resolved urgently.The improvement of internal rules requires further clarification of compensation standards,while taking into account the interests of individual cases,establishing diversified compensation payment methods,and taking human capital factors into consideration.With the application of the divorce economic compensation system in practice,it is also necessary to pay attention to the future direction of housework compensation.Under the divorce property system,the divorce economic compensation system is connected with other divorce property systems,so as to balance the interests of both spouses,achieve substantive equality in marriage,and provide a rational reference for the judicial application of the Civil Code.