On The Improvement Of Economic Compensation System In Divorce Litigation

In 2001,Article 40 of China’s marriage law established the compensation system for domestic work in the form of law for the first time,which opened a new chapter in the field of marriage and family in China.It affirms the value of domestic work as a starting point,and advocates that during the existence of marriage,more domestic workers should bear the loss of interests caused by free payment to the family,so as to give economic compensation.The implementation of this system is of great significance for maintaining the stability of family relations and realizing the ultimate goal of judicial protection of human rights.However,due to the imperfection of legislation,there are still many problems in the specific application of economic compensation system in China’s judicial practice.Although the civil code,which came into effect on January 1,2021,has solved the long-standing prerequisite for the court to support the claim of economic compensation,there are still some problems,such as the limitation of the time of application,the difficulty of producing evidence,the lack of application basis and so on.Therefore,this paper aims to take the economic compensation system in China’s divorce proceedings as the research object,based on the specific situation of judicial application,combined with domestic and foreign legislative status and scholars’ views,in order to provide practical suggestions.This paper mainly covers the following parts:The first part: economic compensation case analysis.This paper selects three typical cases,namely,the divorce dispute between the plaintiff Zeng and the defendant Xie,the divorce dispute between the plaintiff Huang and the defendant Ma,and the divorce dispute between the plaintiff Chen and the defendant Wang.Through these three cases,this paper analyzes the current situation of the adjudication of economic compensation cases in China.The second part: an overview of the economic compensation system.First of all,from the basic principle of economic compensation system,let people have a deeper understanding of housework.Then,it discusses in detail the historical background,the preliminary establishment and the latest revision of the economic compensation system.The third part: the current situation of judicial application of economic compensation system.According to the specific application of the economic compensation system in judicial practice,the author concludes that there are four problems: time limit of application,difficulty in adducing evidence,lack of application basis and low amount of compensation.The fourth part: suggestions on the improvement of the economic compensation system.In view of the problems existing in the judicial practice of the economic compensation system,this paper puts forward some perfect suggestions,such as reasonably extending the application time of the economic compensation,quantifying the housework,improving the party’s ability to provide evidence,considering the relevant factors,clarifying the application mode,and appropriately increasing the amount of economic compensation.