Research On The System Of Supporting Parents After Divorce

The issue of divorce and support has always been the subject of intense discussion in domestic and foreign marriage and family law circles,because it is difficult to balance two opposing demands: one is the recognition that the parties after divorce should be free,the other is the protection of the vulnerable groups in marriage.Despite this confusion,we cannot completely ignore the adverse consequences of divorce for the economically disadvantaged spouse.Such vulnerable groups are caused by their excessive contribution to the family,the neglect of their own education,employment and other aspects of development,or their own health condition is not good,and can only rely on each other to support within the marriage.In ensuring fair distribution and encouraging the disadvantaged party to realize the freedom of divorce and get rid of unfair marriage,the divorce support system has its important value.The divorce support system is an important part of the divorce relief system.Its nature is the extension of the legal support obligation of the husband and wife.The system of divorce and support has a long history,which has been expressly stipulated in civil law system and common law system countries.In fact,our divorce economic aid system and extraterritorial divorce support system are included and included.Considering the inconsistent nature and theoretical basis of "bring up" and "economic help",there exist completely different identification standards of "life difficulties" at home and abroad.Moreover,our divorce economic help system also has theoretical defects such as unclear theoretical foundation,imperfect specific forms of help,no standard amount of help,no regulation of help duration and other practical problems.Therefore,even though the two have high similarity in terms of content,purpose and function,we should also take into account the theoretical and judicial limitations of the divorce economic help system.In order to fully reduce divorce costs,balance the interests of both parties and effectively exert system functions on protection of the disadvantaged party,we need to construct divorce support system consistent with our current situation as the basis of system design.The main content of this paper(excluding introduction and conclusion)is divided into four chapters,and the specific content of each chapter is introduced as follows:The first chapter is an overview of the divorce support system.First of all,the author makes clear the meaning of divorce support system and introduces the development course of this system,and points out the changes of this system with the transition from fault divorce to no-fault marriage.Secondly,the definition of the nature of divorce support is the extension and theoretical basis of the legal support duty of the couple in marriage.Then it explains the function of compensation,economic relief and freedom of divorce.Finally,the author states the necessity and feasibility of constructing a divorce support system which conforms to our national conditions.Chapter two is the relevant contents of our divorce economic help system.First of all,it defines the meaning of divorce economic help system,introduces the development course of this system,and points out the progressive characteristics of our divorce economic help system.Secondly,it expounds the shortcomings of the mismatch between the system content and the name in theory and the weakening of the realization of the individual right to development,the strict application conditions in judicial practice,the lack of reference factors for the amount of help,and the way of help is too simple.Finally,it is pointed out that the relationship between the divorce support system and the divorce economic help system is inclusive and inclusive.The third chapter is the legislative evolution and reference of extraterritorial divorce support system.Based on the analysis of the system of divorce support in four countries,Germany,France,Japan and America,the author concludes that there are some references for our country: in the application of the system,Germany adopts a enumeration method,which enumerates the difficulties faced by the disadvantaged party,enhancing the operability of the system.In determining the amount of support,the consideration factors for the amount of support should be defined based on the reference factors of each country,and the development needs of the vulnerable party should be taken as the general policy.The change or termination of support shall be based on the substantial change.The fourth chapter is about the suggestions of constructing our divorce support system.To clarify the inclusion relation between two systems,affirm the progress adjustment of economic help system of divorce in Chinese legislation for many years,and give clear guidance suggestions in view of the concrete practical problems of the system: In terms of the application conditions,the "relative difficulty standard" is adopted.From the perspectives of the marital division of labor of the original spouse and encouraging the disadvantaged party to be self-reliant,the consideration factors of the applicable system and the reference factors for determining the amount of maintenance are determined.The time,way,succession of maintenance,and the change and termination of maintenance are specified.