Research On My Country's Divorce Economic Assistance System

Marriage allows both men and women to form a community of interests in personal and property.After divorce,the relationship between husband and wife is eliminated and the maintenance obligation is terminated.One party provides relief to the economically disadvantaged party when divorce is a remedy for the destruction of expected marriage benefits and the lack of personality protection from the perspective of marital ethics.The ultimate goal is to balance the interests of divorce parties and reduce the negative social impact caused by divorce.Throughout ancient and modern times,both at home and abroad,legislation has the tradition of protecting the economically disadvantaged party caused by divorce.Divorce support systems are generally established abroad,such as "inter-spouse-support" or "support" in the United Kingdom and the United States,which is called"support for divorced spouses" in Germany,and "compensatory payments" and"support payments" are stipulated in France.Russia calls it "Support for divorce".As an important aspect of Chinese divorce relief system,the divorce economic assistance system has a long history,which has been formally entered the law for 90 years.Chinese divorce economic assistance system has undergone many revisions and improvements,but there are problems in the system itself and in its practical application.In summary,this article discusses the need for further improvement of Chinese existing divorce economic assistance system through a comprehensive study of the system.It is believed that under the premise of taking into account the basic national conditions and traditional culture of our country,we can learn from the advantages of foreign divorce support systems and establish a divorce economic assistance system with Chinese characteristics.Through the three levels of legislative perfection,application perfection and perfect safeguard measures,this article proposes practical countermeasures specifically to improve Chinese divorce economic assistance system,which is in order to balance personal freedom and social fairness,and safeguard the fairness and justice of the law.The main contents of this article mainly consist of five parts:Introduction mainly introduces the background and significance of this topic,relevant research at home and abroad,research methods,the main content and innovation of this article.The first chapter is an overview of Chinese divorce economic assistance system.Through the elaboration of related concepts,it describes the connotation of divorce economic assistance,the nature,value orientation,constituent elements,and functions of Chinese divorce economic assistance system.This chapter explains the theme of writing and lays a theoretical foundation for the following chapters.The second chapter mainly studies the current situation of Chinese divorce economic assistance system,then conduct comparative analysis,including historical,Chinese and foreign.Firstly,it explains the historical evolution and roots of Chinese divorce economic assistance.Secondly,it analyses the adjustments of the system regulations in the Civil Code.Finally,it compares the similarities and differences between Chinese and foreign systems.This chapter has carried out innovations in research perspectives and laid a methodological foundation for subsequent chapters.The third chapter elaborates the necessity of continuing to improve Chinese divorce economic assistance system.The system is still facing difficulties in the regulation and implementation of the system after some adjustments made by the"Civil Code",and the system is in urgent need of further improvement.This chapter explains the purpose of writing this article.The fourth chapter proposes further improvement countermeasures.Propose specific and perfect countermeasures from the three aspects of legislative perfection,application perfection,and perfect system guarantee measures.This chapter echoes the theme of the writing and carries out the innovation of the research content.The main conclusions of this paper are:Firstly,divorce economic assistance in Chinese is a social responsibility derived from the dissolution of a marriage relationship,and it is an economic guarantee and relief measure for those in difficulties.Secondly,we should conform to the local culture,correctly handle the relationship between inheriting tradition and borrowing abroad,and implement policies through three levels of legislative perfection,application perfection,and safeguard measures to build an economic assistance system with local characteristics.The paper gets on innovation mainly in the following aspects:Firstly,the new aspect of research:conduct comparative analysis including historical,Chinese and foreign.Secondly,new research contents such as the legislation,applicable improvements and establishing the credit system.Thirdly,the new thoughts by grasping the effect of assistance reasonably,focusing on the principle of fairness,and giving play to the leading role of judges to ensure judicial application.