Study On Economic Compensation System Of Divorce In Our Country

The divorce financial compensation system is a legal system that provides protection for the party who undertakes more obligations in the marriage and family,aims to make it get due compensation at the time of divorce,and embodies the value goal of fairness and justice and equality between men and women.It affirms the value of housework,can urge other family members to recognize and respect the contributions of housework contributors,change the concept that "women dominate the interior" and "men dominate the outside",weaken family conflicts and promote the healing of family relations.Perfecting the economic compensation system for divorce,that is,perfecting the affirmative norms on the value of housework,plays an important role in forming a good social orientation,and in eliminating the gender division of labor between husband and wife in housework,it is of great significance to balance the interests of both sides of divorce,which is the embodiment of humanistic care and the spirit of the times in our country.Although the system of financial compensation for divorce has been reflected in some legal documents in our country before 2001,the first establishment of this system stems from the provisions of Article 40 of the Marriage Law revised in 2001.this provision confirms the legal value of housework.However,the divorce financial compensation system at that time was only applicable to the families using the agreed property system,the scope of application was limited,and the effect in judicial practice was not good.Article 1088 of the Civil Code in 2020 perfects the economic compensation system for divorce,brings the common property system into the scope of application,and adds the clause of independent negotiation between the parties,which is greatly in line with the actual situation of our country.give better play to the relief role of the weak party in divorce.This paper takes the legal application of the divorce economic compensation system as the research object,first expounds the development process of the system,and extends from the change of its form to the deepening of its content.Secondly,on the website of Chinese judicial documents,the search conditions are set as "Article 1088 of the Civil Code","divorce financial compensation" and "housework".A total of 104 cases related to the divorce financial compensation system are collected to sort out the differences and common points among the cases.it is concluded that the contribution of housework to the family is difficult to measure,and the compensation standards and evaluation methods are not clear.There are some problems in judicial practice,such as the single mode and time limit of compensation payment and the unreasonable program design of divorce economic compensation system,and analyze the reasons behind the legal problems.Thirdly,the author turns his attention to foreign countries and makes a comparative analysis of the foreign divorce economic compensation system from the legislative and judicial levels.It is considered that China can learn from the reference factors of foreign countries in defining the amount of housework compensation and establishing a longterm mechanism to ensure enforcement.Finally,combined with the questions raised above,it is suggested that China’s divorce economic compensation system should be improved and perfected in the aspects of determining the contribution of housework to the family,formulating feasible compensation standards and evaluation methods,adjusting the payment mode of divorce economic compensation and perfecting the relevant program design.I hope that these targeted suggestions can promote the legitimate rights and interests of the parties to be more effectively protected.It also provides a useful reference for the trial and adjudication of related cases of divorce financial compensation system in the future.