Research On Divorce Maintenance System Under The Protection Of Women’s Rights And Interests

From the analysis of the legislative evolution and development process of divorce support around the world,there are three forms of divorce support,namely compensatory support,continuous support and recovery support.Although China’s divorce financial compensation system and divorce financial help system have different names from overseas divorce support system,there are some similarities in terms of system design objectives and application conditions.According to the relevant survey data,the living standard of divorced women is difficult to be guaranteed,and the social problem of poverty of divorced women is quite severe.However,limited by the lag of legislation,the social situation at that time,the legislative basis,the historical tradition and other factors,the current judicial practice of marriage and family law still has some problems such as low proportion of application,low amount of relief,and weak operability for their relief.Therefore,it is urgent for us to further revise China’s divorce support system on the basis of the original system established in the Civil Code by combining the characteristics of The Times,the developed legislative technology and the beneficial experience of foreign relevant systems.At first,this paper summarizes the relevant theories of divorce maintenance system and the lack of legislation and judicial practice in our country,and then through the overseas divorce maintenance system historical evolution,compares and analyses the legislative and judicial are summarized for our divorce maintenance system reform and perfect Suggestions,in order to better safeguard divorce usually economic rights of the disadvantaged women.This paper is divided into four parts: The first part introduces the concept of divorce support system.The concept,type,nature and value function of the system are expounded,which lays a foundation for the analysis of the following paper.The second part mainly introduces the system construction of divorce support and its judicial practice in China.This paper briefly summarizes the relevant legal provisions of the similar system design in China,namely the divorce economic assistance system and the divorce economic compensation system,and points out the shortcomings in the judicial practice.Finally,the reasons and deficiencies are summarized through analysis.The third part comprehensively introduces the general situation of overseas divorce support system.Firstly,it analyzes the legislative evolution and development trend.Secondly,it lists the typical divorce support system in the United States,Britain,France,Germany and Japan.Thirdly,the implementation of overseas divorce support systems is summarized.Finally,China’s divorce support system is compared with overseas relevant systems and their advantages and disadvantages are evaluated.The fourth part is the suggestions for improving the divorce support system in China,specifically referring to the beneficial experience abroad and comparing the deficiencies summarized above,and supplementing and perfecting the existing Civil Code by means of judicial interpretation and guiding cases.