On The Perfection Of China’s Divorce Relief System

The release of “Interpretation3of the Supreme People’s Court onSome Issues Concerning the Application of Marriage Law of the People’sRepublic of China”(“the Interpretation3” for short) raises a strongreaction from all sectors of the society. It seems that it is based on thetopic of allocation of real-estate after the divorce, but defect of enoughrelief in current China’s legal system is the fundamental reason.In this article, the author makes an analysis of the existing divorcerelief regulations in our country, where applicable basis, target people andmethods of relief for each terms is clarified, and the deficiency andrelevant roots of our current system is explored. Here, in order to learnfrom American divorce relief system (especially California’s), we make adeep study of typical divorce case, through which we can have a briefidea of how its law system works on the whole process, such as judgment, alteration and termination, of that case and what is its advantages anddisadvantages. It is our aim to seek the possibility of further improvementof China’s divorce relief system from different key elements, such asapplicant, condition of application, method of relief and compensation,etc., by comparison of Sino-American relief systems. The final target ofthis study is to safeguard the rights of social vulnerable group by usingimproved divorce relief system, in view of “Fairness and Justice”.