Research On Judicial Application In Economic Compensation For Divorce

As one of the important contents of China’s divorce rights relief system,the legal system of economic compensation for divorce plays an important role in regulating marriage relations,family life,and the rights and obligations of husband and wife in judicial practice.Since the promulgation and implementation of the Civil Code in2021,the content of the legal system of financial compensation for divorce has undergone major changes,and its application restricts the separate property system of husband and wife after marriage has been abolished,making any matrimonial property regime applicable.The expansion of the judicial scope of application of economic compensation for divorce has greatly activated the application space of the system,so that the legal attributes of its relief and compensation functions can be effectively played when dissolving the marriage relationship,and adjust and balance the sharing of obligations arising from marital life.This paper studies the judicial application of financial compensation for divorce in China in this context.This paper first explores the academic frontier of this issue through a review of the research on divorce economic compensation at home and abroad,and on this basis,it explores the theoretical basis of divorce economic compensation and clarifies the social origin of compensation.Secondly,through the theoretical overview of financial compensation for divorce,the historical evolution of the system,the function of the system and its relationship with the concept of association are clarified.Interpret Article 1088 of the Civil Code,the existing legislative provisions on economic compensation for divorce,understand and analyze the specific meaning,spirit and legislative concept of the system,and the connection between the system and the Civil Procedure Law in judicial application.Using a comparative analysis method,combined with the relevant foreign compensation provisions on the dissolution of marriage,the useful experience and reference value for China’s economic compensation are summarized.Thirdly,by sorting,summarizing and analyzing the cases of divorce economic compensation since the implementation of the Civil Code,we find the current situation and characteristics of the judicial application of the system in China,and explore the main problems and causes in its judicial application,such as unreasonable circumstances in the determination of compensation amount;difficulties in adducing evidence in the process of claiming compensation;The compensation method used is relatively single;Confusion with the related system in judicial application.Finally,based on the analysis of the problems and causes of divorce economic compensation,rooted in China’s legal background and social reality,this paper proposes countermeasures to the corresponding problems in the judicial application of divorce economic compensation,such as appropriately increasing the level of compensation,highlighting the difference in the amount of compensation affected by various factors;Flexibly determine the content and method of evidence presented in the litigation process;Adopt multiple compensation methods;Measures such as clarifying the boundary between the related system and related systems,and making suggestions for the improvement of the judicial application of economic compensation for divorce in China.Based on the case content and data analysis since the Civil Code came into effect,this paper focuses on the judicial application of divorce economic compensation,and the problem proposal and solution countermeasures also originate from practical situations,and strive to contribute to the better application of divorce economic compensation in China,which is also the core and innovative point of this paper.