The Comparison Of The Divorce Relief System Between China And Japan

The family is the basic element that constitutes society,and marriage is the basic cell that constitutes the family.Marriage contains a variety of values such as security,order,and so on.Although these values are worthy of our cherish,when there is a conflict,we need to judge and choose,and the divorce relief system is like this.China and Japan have a relationship of traditional social consciousness,individual values,and historical and cultural traditions have similarities.Therefore,through the comparison of the divorce relief system between China and Japan,China’s system can be perfected so that its value orientation needs to meet the needs of today’s society.The relief subject of the divorce damages compensation system is the party to the victimization of marital rights.The awareness of the rights of such groups is awakening and it is hoped that the system will protect their legal rights.However,China’s divorce relief system currently has a judicial dilemma,which cannot truly highlight the value of legal justice and the relief of the weak.On the other hand,Japan’s divorce solatium system applies to meet social needs,and the obligation to claim compensation includes the third party,the right to claim compensation is not limited to husband and wife,and compensation procedures are perfect.The Japanese divorce solatium system embodies the pursuit of justice.Justice is the primary value pursuit of the social system,and justice is used to protect those who are vulnerable to domestic violence and abuse.Divorce damage compensation should be carried out in accordance with the values of laws and regulations,justice and the relief of the weak,which is of great significance for the stability of marriage and social peace.The economic help system for divorce has almost become the “Scarecrow Clause”in the judicial practice in China.The “difficulty in living standards”does not meet the needs of social life,“one essentialism” lacks rigor and ignores the factors of fault.These factors make up the system’s low utilization rate.In contrast,Japan’s divorce support system embodies the pursuit of humanity and freedom of marriage.Man is the yardstick of all things,and the legal system should not be cold.By borrowing from the experience of judicial practice after the divorce support system,our country’s economic assistance system for divorce can truly play its value andfunction.There is already a deviation between the legislative value and the prominent judicial value that the domestic work contribution compensation system currently bears.In the community of marriage,the party that causes more domestic contributions will spend a lot of time and energy in the family,especially full-time housewives,but it is obviously unreasonable to get compensation when divorcing.The premise of a free and dignified life for every member of society is the need for certain material as a support.At this time,the interest appeal is faced with a diversified situation,which leads to indifference among people and it is easy to disintegrate the marriage and family ethics.Therefore,when the divorce property is divided,China’s compensation system for domestic work contribution should learn Japan’s divorce system after divorce.It needs to pay attention to the dynamic gender difference,and pursue the substantive equality as the value orientation of domestic work contribution compensation in order to achieve equality in the form of divorce.The organic unity of substantive equality has been completed to a substantial leap in equality.