An Empirical Study On Divorce Economic Compensation System

The divorce financial compensation system was originally established to provide relief to the party who assumed more family obligations,and its main content was to balance the interests of the couple.According to the division of labour in today’s Chinese society,women generally do more work in the home,so this system mainly serves the function of safeguarding women’s rights and interests,and shows humane care.The divorce financial compensation system was first established in the Marriage Law,but the conditions it applies in this system are not in line with the reality of China,so it is rarely used in practice.The Civil Code has amended the system and relaxed the conditions for the use of this system,and the use of the amended divorce financial compensation system will definitely increase compared to the previous one,however,in the Civil Code and the relevant However,in the Civil Code and the relevant judicial interpretations,there are some unclear issues regarding the specific content of this system and its concrete application in practice.Based on an analysis of the relevant issues,it is necessary to conduct a study on the basic theoretical and practical issues of the divorce financial compensation system,and make recommendations for the future improvement and development of this system in judicial practice.The article is divided into five parts.The first part analyzes the background and significance of the divorce financial compensation system and explains the significance of the study of the system;then it compares the current state of research on the system,including domestic and foreign research,and provides a theoretical basis for the analysis of the system in the following part;finally,it explains the analysis method adopted in this article.The second part firstly clarifies the concept of the divorce financial compensation system,secondly explains the legislative purpose of the divorce financial compensation system,and finally analyses the theoretical basis of the divorce financial compensation system.The third part is a comprehensive analysis of divorce financial compensation cases in China,thus summarising the shortcomings of the legal provisions on divorce compensation in civil proceedings.Problems in judicial practice include difficulties in proving the case,unclear standards of compensation,low amounts of compensation and generalised methods of payment;problems in legislation include failure to take into account the human capital sacrificed by women;inaccurate understanding of the relevant system by the parties and the courts;and unreasonable application times.Part IV,on the basis of examining the two different extraterritorial laws of the common law system and the civil law system,summarises their provisions on the financial compensation system for divorce in a way that is suitable for China and will be improved in the future law.Part V makes suggestions for the improvement of the divorce financial compensation system,including: clarifying the specific compensation standards of this compensation system;relaxing the time of application of the right to claim compensation;enriching the ways of compensation;improving the burden of proof system;clarifying the links between this system and other divorce assistance systems;giving full play to the compensation role of multiple means;and giving full play to the underwriting role of the government.This article lies in the analysis of the problems of the divorce financial compensation system and the suggestions for improving the problems.Based on the summary of the case analysis,the problems of the divorce financial compensation system are found.In the case judgments of divorce financial compensation supported by the courts,most couples signed divorce agreements and were compensated according to the divorce agreements,while the amount of compensation decided by the courts was low;most of the compensation requests were rejected due to incomplete evidence;the human capital paid by women was not valued and was still the main factor in proposing divorce financial compensation The human capital paid by women is not valued and is still the main subject of financial compensation for divorce;there are no uniform reference factors for adjudication by local courts,resulting in a wide gap in the amount of compensation from one place to another.Finally,the author proposes solutions based on the above-mentioned problems,including clarifying the compensation standards,improving the rules of evidence,and playing the role of the government in underwriting.The innovation of this article are three points: firstly,it gives the formula for calculating divorce financial compensation and the relevant elements that should be taken into account when making compensation,and organically integrates the two,making the standard of compensation more operable and both holistic and personal.Secondly,it advocates the use of family investigators as an auxiliary tool and the rule of "preponderance of evidence" in order to resolve the difficulties in proving the divorce financial compensation system and effectively solve the problems of the parties.Thirdly,the government should play a bottom-up role and build a social security system for individuals,families and families.