Research On The Judicial Application Of The Economic Compensation Of Divorce ——Take The Divorce Disputes Case Between Zhang And Qiu As An Example

In modern society,after the divorce of both parties who have a marriage relationship,not only the identity relationship between the husband and wife is dissolved,but also the property relationship between the two parties is also dissolved.At this time,the distribution of property needs to follow the principle of fairness,and adheres to the concept of protecting the legitimate rights and interests of both parties to divide the marital property.The economic compensation system for divorce means that husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by them.One party should be compensated.As a new system in the Chinese Marriage Law after the revision in 2001,the economic compensation system of divorce is a provision for the party who undertakes more housework under the separate property system to enjoy the right to economic compensation during divorce.It is different from the damage compensation system of divorce and the economic assistance system of divorce.The systems together constitute the relief system of divorce in China.The establishment of the economic compensation system of divorce has a great practical and far-reaching historical significance.This system affirms the value of housework from the legislative level,and safeguards the legitimate rights and interests of the party in the marriage and family who takes more family obligations.However,in more than ten years after the legislation,the application of the system was limited to the "separate property system",resulting in very little application of the economic compensation system of divorce in judicial practice.The academic circles advocated legislative revision of the system.In recent years,some local courts have expanded the application of financial compensation of divorce through mediation and other methods,and have achieved justice on a case-by-case basis.After the promulgation of Chinese "Civil Code",the scope of application of the economic compensation system of divorce has finally broken through the shackles of the "separate property system" and expanded to the "common property system" for equal application.The public sentiment of the "common property system" effectively protects the rights and interests of the party who bears more obligations in the family,so that the economic compensation system of divorce can truly play its institutional functions.The provisions of the "Civil Code" on the financial compensation system for divorce are relatively general at present,and the academic and practical circles have once again heated discussions.The relevant rules of financial compensation of divorce are urgently needed to be explained before they can play a good role.This paper investigates the application of the economic compensation system of divorce in China,selects the divorce dispute between Zhang and Qiu as the research object,and summarizes the practice of applying the economic compensation system of divorce in some local courts in China.On one hand,it provides precedent experience for the application of the divorce economic compensation system in Chinese "Civil Code",and on the other hand,based on trial practices,it is proposed to suggest that restricting the application of the economic compensation system of divorce under the "communal property system" should be based on the principle that the compensation system of divorce should remain unchanged after the division of the common property.Applicable situations where more family obligations are not compensated or insufficiently compensated by one party.Based on the trial practices,this paper summarizes four situations,and proposes the consideration factors for the calculation of economic compensation of divorce in each situation.Also Effectively protects the legitimate rights and interests of the party who bears more family obligations in marriage and family,encourages both spouses in marriage and family to equally undertake housework,and provides a guidance for the law,so that the value of housework can truly be recognized by more people,so that the legal protection of the weaker party in the marriage relationship is presented in a visible and tangible way.