On The Application Of Compensation For Divorce

In 2001,the Marriage Law of China’s Republic introduced the divorce economic compensation system,in which the phenomenon of "low application rate" appeared in20 years of judicial practice.In 2021,the Civil Code expanded the application scope of the divorce economic compensation system to the joint property system of couples,in order to solve the problem of "low application rate".However,in judicial practice,the application of the divorce economic compensation system still has some problems,such as the applicable conditions that need to be explained,the inconsistent calculation methods,and the controversial scope of liability property.For divorce to explain the problem of economic compensation conditions,should take more housework and property division not appropriate compensation double fact view as legitimacy,conform to the divorce relief system as marital property system corrective measures system orientation and objective evaluation of housework contribution or sacrifice legislation purpose,avoid common property division system and divorce economic compensation system for a housework double evaluation,cause unfair to the spouse.In order to further guide the judicial practice,the specific situation of the division of common property without appropriate compensation should be summarized,which can be divided into two situations: the party undertaking more housework while undertaking the external economic affairs and the sacrifice of the party undertaking more housework,which are condensed in the promotion of the spouse’s human capital.For divorce calculation method of economic compensation problem,should take case measures to determine the amount of compensation method,the diversity of family relations determines the use of case measures,in real life to deal with the divorce economic compensation in different family relations,and the case measures to undertake more housework one party and spouse’s actual needs and economic situation.To further guide the judicial practice,The factors to be considered in case measurement,In the case that the party who undertakes more housework also undertakes external economic affairs,While considering the contribution of more housework,The contribution to the family should be considered,And consider the nature of the spouse’s work;In the case where the sacrifice of the person undertaking more housework is condensed in the promotion of the spouse’s human capital,Consider at the expense of human capital while doing more housework,Considering the details of the spouse’s human capital increase,Avoid doing more housework for compensation,And driving the spouse into financial hardship,And the economic compensation for divorce should be the system nature of incomplete compensation.In view of the scope of responsibility property of divorce economic compensation,the scope of responsibility property should be expanded to personal property before marriage,because this view is in line with the nature of divorce economic compensation liability for unlimited liability,and can guarantee the divorce economic compensation system to encourage the couple to invest in the realization of family function.