Research On The Economic Compensation System For Divorce

The economic compensation system after divorce is a part of the divorce economic system,expressing legislators’ emphasis on family labor and legal respect and care for family labor.The economic compensation system after divorce is a part of the divorce economic system,expressing legislators’ emphasis on family labor and legal respect and care for family labor.Since the Marriage Law first established the divorce economic compensation system in 2001,the issue of its existence or abolition has attracted attention from multiple parties.Improving the content of the system and expanding its scope of application have become the direction of academic efforts.Since the implementation of the Civil Code,judges have successively invoked this provision to adjudicate cases.This change has brought economic compensation for divorce back to people’s perspective.However,there is no unified standard for the amount,nature,standards,and property liability of compensation in various courts regarding the application of this system,and there is currently no relevant judicial interpretation introduced.This issue has further exploration value in the context of high divorce rates and high calls for women’s rights protection.In the era of the Civil Code,the application rules of the divorce economic compensation system have entered a more detailed research field.With the advent of the Civil Code era,more and more parties are consciously requesting divorce economic compensation,and their expressions of litigation requests are also clearer.This phenomenon indirectly reflects that the modification of the divorce economic compensation system has played a positive role.However,there are still many problems in the application of this system,such as disputed application conditions and unclear definition of liability property,difficulty in determining compensation standards and not calculating indirect losses,difficulty in quantifying household labor and covering compensation standards,limited evidentiary ability,and unclear evidence determination.Starting from the shortcomings of the divorce economic compensation system in this article,through literature review and comparative analysis,drawing on the extraterritorial experiences of the continental legal system and the Anglo American legal system,and combining with the current laws and regulations on domestic labor protection in China,it is concluded that the system still needs to be improved.Firstly,by comparing previous legal revisions,explore the application of the divorce economic compensation system,and dialectically analyze the relationship between the provisions and their application.Secondly,there are still problems with the system.By analyzing the reasons,the shortcomings of China’s divorce economic compensation system are classified and summarized.Finally,while exploring the existing problems and reasons of the system,combined with China’s judicial practice experience,the first is to refine the conditions for exercising the right to divorce economic compensation;Secondly,refine the evidence rules for divorce economic compensation;The third is to refine the determination method of economic compensation content and amount.To improve the divorce economic compensation system.