On The Basis Of The Claim For Divorce Support

The paper first analyzes the two dimensions of necessity and feasibility,aiming to explore the reasons and foundations of building a divorce support system in China.From the perspective of necessity,in the face of the high divorce rate in China and the increasing pressure on the number of divorce cases handled by courts in China,the existing divorce economic help system has defects such as unclear norms and imperfect operations.Social security The intensity of institutional relief is too low,and it is difficult to properly solve the problem of divorce support.Therefore,it is necessary for China to establish a divorce support system.From the perspective of feasibility,China has had divorce relief channels since ancient times,and has a historical basis for constructing a divorce support system;China has a divorce support legislation from the agrarian revolution period,and has a legal basis for building a divorce support system.Therefore,China has the ability to build a divorce support system.Then,the paper defines the nature of the claim.The claim is “the right to ask others to act or not(pay).The scope of the claim is very broad and not limited to the power of request or relief.In fact,the claim has the dual nature of fundamental rights and relief rights.Since there is no longer any identity relationship between the original spouses after the divorce,in order to explain why one party needs to support the other party after the divorce,the paper defines the right to request for divorce support as an independent right,not the existence of basic rights.As a prerequisite.Secondly,the paper proves the basis of the claim for divorce support.The evidence of the paper is composed of two directions: forward and reverse.The positive evidence is based on the constituent elements of divorce support,and the correction of justice through the conviction is in line with the constituent elements of divorce support.The reverse proof is based on the existing theory of the basis of the divorce support claim,and the exclusion method determines that other theories cannot be the basis of the claim for divorce support.Again,the paper responded to the question of what is the basis of the claim for divorce support.The paper argues that the basis of the claim for divorce support is to correct justice.The purpose of the divorce support system is to achieve the fairness of the rights and obligations of both parties after marriage,and to include corrective justice.The function of the divorce support system is to relieve the economically disadvantaged parties after marriage and to reflect corrective justice.Finally,the paper puts forward specific suggestions on how to implement the basis of the request for divorce support,pointing out the practical significance of studying the basis of the request for divorce support,namely,setting the right to request for divorce support and constructing a system of divorce support.