The Research On The System Of Economic Compensation In Divorce

China is in the construction of socialist harmonious society in the new period, the divorce rate rise quickly become one of the social problems attract sb.’s attention, in order to cope with divorce in the emergence of new problems, the2001Marriage Law added a lot of conditions, from more aspects to protect the divorce of weak side interests, its purpose is committed to damage and relief of the balance, but also established the China’s marriage law divorce relief system. The system includes the economic compensation system for divorce, divorce damage compensation system and economic aid system of divorce. Can say, relief system of divorce system established by law for a vulnerable side to maintain their legal rights to provide the most direct support, but also the embodiment of legal fairness and justice. And the economic compensation system for divorce, not only morally approved in housework, help their working party to pay, but also in the legal compensation in the exiting marriage suffered the loss, is consistent with the domestic and abroad on relief system of divorce legislation trend and trend. Economic compensation in divorce system is established in the legislation of our country a major progress, China’s socialist legal system construction to make significant contribution. But from in last ten years, the system does not like we expected, in real life to play its due role. Therefore some scholars thought the marriage law of fortieth waste of judicial resources, it should be abolished, because the system in practice hardly applicable room; also has a scholar to think should use other system to replace it. Although the debate received, but the system positive role are to be sure. After the scholars discussed, think the system in its application condition has a great flaw:its application conditions should be extended to matrimonial property system; economic compensation in divorce filing time and ways of compensation, we should also be refined. Hope from different aspects of it were modified and improved, so the system can adapt to the changing and developing social reality, the better for all services, to achieve the purpose of legislation.