The Problem Of Divorce Relief Legal System Research

Divorce relief is a necessary part of divorce relief system, this kind of relief focus on the balance of various rights and interests and to resolve the conflicts of interests within the family. Thus, divorce relief of perfecting our country's existing laws and regulations and the system is to ensure that within the scope of the biggest social stability, maintain the harmony of families, but also to maintain the marriage and family should have the complete order. Set the divorce relief is to maintain the freedom of divorce and should protect the weak, build the regulation framework of fairness and justice, and comply with the people-oriented the legislative orientation of the fundamental.Divorce relief for damage is divorce right of a party, it gives the regulations set by the relief. From the existing content, divorce relief contains economic help, daily housework compensation, available when the divorce damage compensation. After the revised marriage law, divorce relief added more complete system of new balance is mainly focused on the damage and relief, it broke through the old architecture within the legislative ideas. Along with the progress of practice and social life increasingly in the update, divorce relief of internal architecture should also change, then this will match the progress of the current judicial practice. Continue to analysis the current use of divorce relief system, to improve the original relief efforts, improve and balance the family rights and interests. At the same time, this kind of system should be set out to correct originally from marriage, avoid the divorce rate rising momentum.Divorce relief can maintain the weak state of marriage and to maintain the integrity of the marriage order. Parsing divorce relief of the existing system operation, due to the existing system of difficult and then repair perfect, do this to maintain the healthy functioning of the marriage order, promote the progress of civilization. For this, this paper builds on the divorce relief the fundamental principle of investigation outside the existing state of legislation and absorb the beneficial elements. Look at our existing divorce relief can detect potential vulnerabilities. Content from the existing legislation, the divorce relief help contain economic, everyday housework compensation, divorce can be obtained damages three aspects. Construction of divorce relief system, the purpose of marriage is to maintain weak side, so as to maintain a good marriage order. In practice, however, this system there are still some deficiencies. In order to resolve the existing divorce relief system, attributed to existing systems difficult patch then perfect, thus achieving a more healthy marriage order to function. This study describes the underlying principles of divorce relief system, analyzed for the presence of Relief System of Divorce "hardship" standard suited to contemporary needs, the lack of financial help determine the amount of calculation methods and considerations, the legal case of divorce damages narrow economic and divorce narrow the scope of compensation issues and other aspects; reasons for their problems: the establishment of divorce relief system is seriously out of the reality of our situation; offered to help limit excessive body; relief system ill-defined conditions of application; at the same time by examining the extraterritorial status of the existing legislation and to absorb the beneficial elements of the last targeted by improving the way financial help for divorce and scope, to clarify the relationship between the economic compensation system for divorce and marital property system, damages to tailored to the specific case, divorce financial assistance to help broaden the scope and improve the perfect proposal housework compensation system.