Research On The Compensating Scope,means And Standard Of Economic Compensation For Divorce In China

The system of economic compensation for divorce plays an important role in promoting gender equality,strengthening human rights protection and maintaining social fairness and justice.With the upsurge of women’s right consciousness,the change of women’s family status and the development of family division of labor,the system of economic compensation for divorce may play a more and more important role.The Civil Code expands the applicating scope of the system of it,aiming at improving its judicial application efficiency and giving full play to its value and function.In order to better study China’s the system of economic compensation for divorce,this paper focuses on the compensating scope,means and standard of economic compensation for divorce,including five parts.The first part summarizes the the system of economic compensation for divorce in China.It was first established in 2001 and perfected in 2021,but there are still some imperfections in its system norms.When the law on the Protection of Women’s Rights and Interests is preparing a new round of amendment,it is beneficial to further perfect the system of economic compensation for divorce in China by discussing the compensating scope,means and standard of it.The system of economic compensation for divorce accords with the concept of respecting and protecting human rights,contains the theory of marriage interest investment and return,and satisfies the requirement of balancing public and private rights.After the promulgation of the Civil Code,the applicating scope of it has been expanded to the joint application of the separate property system of husband and wife and the legal property system of husband and wife.However,the scholars are still controversial.The second part discusses the compensating scope,means and standard of economic compensation for divorce in judicial practice.In judicial practice,the compensating scope of economic compensation for divorce has experienced certain changes,which reflects not only the people’s court’s recognition of the value of family labor in judicial practice,but also the gradual improvement of the compensating scope of economic compensation for divorce itself.In judicial practice,the main means of economic compensation for divorce is the court judgment,the compensation content is mainly in cash and the amount varies greatly,the compensation times are divided into one-time and not required times.In judicial practice,courts mainly refer to relevant factors as the standard of economic compensation for divorce.The third part is talking about how to perfect compensating scope of the economic compensation for divorce.At the legislative level,the compensating scope of economic compensation for divorce is not clear,divorce cases in reality are complicated,the terms cannot cover all the circumstances,and the relevant terms are easy to produce ambiguity.At the judicial level,many courts do not distinguish other compensations and economic compensation for divorce.Therefore,it is necessary to clearly identify the assistance to the other party’s work,clearly define the compensation for the contribution to the other party’s human capital improvement,and distinguish other compensations from the economic compensation for divorce.The fourth part is talking about how to perfect means of the economic compensation for divorce.At the judicial level,the means of economic compensation for divorce does not fully reflect the principle of autonomy,and the compensation content is relatively simple.Therefore,the court should fully respect the autonomy of the parties,give them space and time to negotiate,and fulfill the obligation of explanation and disclosure.In addition,diversified compensation means should be adopted by drawing lessons from other divorce relief systems and foreign experience.The fifth part is talking about how to perfect standard of the economic compensation for divorce.At the legislative level,the standard of economic compensation for divorce is not clear enough,which will lead to excessive court discretion at the judicial level to a certain extent.Therefore,relevant considerations should be made clear as the standard of economic compensation for divorce.First of all,the basic principles and purpose of the consideration should be clearly defined,followed by specific considerations.