On My Country's Divorce Economic Assistance System

On January 1st,2021,the Civil Code of the People's Republic of China was formally implemented.The provision to be discussed and studied in this paper is exactly the financial assistance system of divorce stipulated in Article 1090 of the Civil Code.The financial assistance system of divorce in China is that,if one party's life is poor when divorce,through the agreement of both sides or the judgement of the people's court,the affordable party gives appropriate help to the other party.The system is not based on one party's fault or little obligation,no matter who put forward to divorce,it reflects the protection and humanistic care of our legislation for the people in difficulty.Based on that,the financial assistance system of divorce has the dual attributes of the legal obligation and moral responsibility,the attribute of the legal obligation comes from the relief from our legislation to the basic survival rights and interests of the people in trouble,and the attribute of moral responsibility comes from the kindness between the husband and the wife who have lived together and the traditional virtue of helping others.Thus,it can be concluded that an important value goal of this system is to balance the interests of both parties in divorce,and to meet the basic needs of the party in trouble as far as possible and protect his or her legitimate rights and interests on the premise of ensuring that the obligor has the corresponding affordability and will not excessively impair his or her own interests.At the same time,as a part of the divorce relief system,the divorce financial assistance system must adhere to the value of the divorce relief system and even the value of the whole divorce system,that is,to guarantee the freedom of divorce and consolidate the marriage relationship,and try to achieve a balance between the both sides.In addition,the goal of protecting the legitimate rights and interests of the party in trouble cannot be realized only by the husband or the wife in divorce,and a system is far from solving all the difficult problems in divorce.Besides the system,we need the state and the society to assume the responsibility as the people's backing of guaranteeing the rights and interests of the people in trouble.First of all,through the legislative and judicial investigation of the financial assistance system of divorce in China,the author believes that the applicable conditions,the form and the term of financial help are not very clear,the legislation needs to be improved.There are also some problems in judicial practice,for instance that the party requesting help is mainly female,the application rate of the system is low,the application effect is poor,and the weakness of the system is serious,so it is difficult to give full play to its function of helping the party in trouble.Therefore,the purpose of this paper is how to find an effective solution in the current application dilemma.Secondly,this paper sorts the legislative model of divorce support system in some countries of the civil law system and the common law system,trying to conclude the legislative experience suitable for Chinese national conditions and using it for reference.Finally,this paper puts forward some expectations and assumptions for the measurement of the affordability of the obligor as well as the ways of housing assistance and money assistance,hoping to make some contributions to the improvement of the system and the whole divorce relief system.In terms of judicature,in order to solve the above problems,we should start from trial and execution,the first thing is to strengthen the legal consciousness of the parties themselves and the gender consciousness of the judges,and to promote the specialization of the family justice,the second thing is that we should pay attention to the distinction and the coordination between the financial assistance system of divorce and the housework compensation system as well as the payment system of children's maintenance,and the last and the stubbornest problem is difficult execution.Except in the hope of the reform of the civil execution in our country,we should also explore out a suitable way according to the characteristics of the family case.The above is to seek solutions within the framework of the financial assistance system of divorce,outside the system,the state and the society can also play a vital role in protecting the legitimate rights and interests of the disadvantaged party.In view of the successful experience of foreign countries,on the one hand,we can start from the social security system of our country,and strengthen the relief of the vulnerable groups in housing,employment,medical care and the subsistence allowance system.On the other hand,the whole society,especially some charitable organizations,can be guided to increase social assistance to those who are poor in divorce and create a harmonious and tolerant social environment for them.