Research On Judicial Application Of Divorce Economic Compensation System Under The Background Of Civil Code Of The People’s Republic Of China

Coinciding with the 30 th anniversary of the promulgation of the white paper "The Situation of Human Rights in China",the Civil Code revised the economic compensation system for divorce,abolished the application restrictions of the separate property system,and increased the application order of first consultation and then judgment.The Civil Code has strengthened the concept of protecting human rights,caring for the family,and pursuing substantial equality.The revised divorce economic compensation system has improved the practical status quo of the low application rate of the system to a certain extent,but the specific application rules of the system still face the problem of too concise expression and weak operability.the judicial application of the situation.The judicial application of the divorce economic compensation system affects the realization of substantial equality of marriage.In the era of the Civil Code,the specific rules of the judicial application of the divorce economic compensation system should be transferred to a detailed study.Judging from the empirical investigation,the number of cases filed for divorce economic compensation in the Civil Code era has increased.The parties’ claims no longer use the vague word“compensation”,but clearly express the request for divorce economic compensation or compensation for housework.This shows that the revision of the divorce economic compensation system has achieved certain results,but the judicial application of the divorce economic compensation system still has difficulties in producing evidence and inconsistent standards for determining evidence.The judicial application has raised the requirements for the application of the system,and the types and scope of reference factors for the application of the system are too broad.Judicial application fails to fairly evaluate the value of family contributions,and indirect losses cannot be reasonably compensated.Drawing on the extraterritorial experience of the civil law system and the AngloAmerican law system,specific suggestions for improving the judicial application of the divorce economic compensation system include effectively using indirect evidence to connect the facts of the case under the circumstance of lack of direct evidence,and exerting the independent function of indirect evidence to determine a case.Expand the applicable premise,and accurately locate the applicable groups of the divorce economic compensation system based on the dual evaluation criteria combining social value and economic status.Appropriately limit the scope of discretionary power and clarify the types of necessary reference factors.Different evaluation standards shall be applied to families with common property system and families with separate property system,full-time families and dualearner families,to achieve fair and reasonable compensation for the value of family contribution and improve the scope of compensation including indirect losses according to different family situations.