Study On The Application Of The Financial Compensation System For Divorce

Article 1088 of the Civil Code has modified and improved the divorce financial compensation system,extending the scope of application of the divorce financial compensation system to the common property system and adding provisions for spouses to negotiate on their own,fully reflecting the value pursuit of affirming the value of domestic work,balanced interests and equality between men and women.Nevertheless,the provisions of this article are still not clear enough,so that the situation of different judgments in the same case arises in judicial practice,which affects the concrete implementation of the system.Therefore,how to understand and apply the divorce financial compensation system so that it can function effectively is an issue that deserves attention.The article is divided into four main parts.The first part is an overview of the application of the divorce financial compensation system.Although the Civil Code has revised and improved the divorce financial compensation system and expanded the scope of its application,through the collection and arrangement of judicial practice cases,it is found that there are four major difficulties in the application of the divorce financial compensation system,namely,the application of overly broad standards,the vague determination of "more obligations",the queer standard of compensation and the unknown mode of financial compensation.As a result,the practical scenario of "different judgments in the same case" has emerged,which affects the accurate application of the divorce financial compensation system.The second part is the conceptual structure of the divorce financial compensation system.By sorting out the theories underlying the divorce financial compensation system,namely,the theory of the value of domestic labor,the theory of gender equality,and the theory of fairness and justice,the article clarifies the normative intent of the divorce financial compensation system,which is to solve the problem of unbalanced interests of the parties to a marriage due to the uneven distribution of domestic labor.Therefore,the divorce financial compensation system takes the value theory of domestic labor as its core and recognizes the value attribute of domestic labor.On this basis,we consider the issue of reasonable distribution of benefits between husband and wife in order to maximize the function of the divorce financial compensation system.The third part is the practical reference of the divorce financial compensation system.By examining typical cases in judicial practice,the article finds that the application of the divorce financial compensation system in practice,based on the principle of consistency between rights and obligations,can more objectively and fairly evaluate the contributions of the parties to the marriage and family,and achieve the correction of the imbalance in the interests of the husband and wife,which achieves the effect of substantive fairness and justice intended by the system,and is also consistent with the concept of the application of the divorce financial compensation system.It is also in line with the concept of the application of the divorce financial compensation system,and provides a practical standard for the application recommendations in the following sections.The fourth part is the recommendation on the application of the divorce financial compensation system.The article suggests that the application of the divorce financial compensation system should be restricted,i.e.,it should only be applied under the exceptional circumstance of imbalance between the payment and benefit of domestic work.Among them,the determination of "more obligations" is an auxiliary basis for judgment.In the order of compensation,the principle of "first divide and then compensate" should be adhered to under the common property system,where the common property is divided first and then the personal property is compensated after the division.In terms of compensation standards,the scope of compensation should include the value of the household work itself and the loss of opportunity benefits,and the specific amount of compensation should be discretionary according to the compensation elements combined with the circumstances of each case.In this way,a reasonable mechanism for the distribution of benefits between husband and wife in the event of divorce can be established,and fairness and justice in the substantive sense of the law can be achieved.