夫妻离婚后扶养制度分析-analysis of maintenance system after divorce of husband and wife.docx

AbstractAfter the couple divorced dependent system, in the law of many countries involved in almost all the legal provisions of Chinas Hong Kong and Macao Special Administrative Region and Taiwan region are relatively perfect system for the contradiction between the former spouses after divorce to ease a great contribution to the consolidation of harmonious social relations with more far-reaching significance. The specific provisions of national laws in the system is slightly different, but the core content is similar, that is, after the divorce will fall into poverty in economic conditions, it is difficult to maintain one of its basic standard of living during the marriage or the relationship continues to exist innocent spouse may apply to the better economic conditions and the ability to provide other assistance, request money or other forms of institutional aid.Marriage Law provisions of the country in 2001 increased by a lot of the provisions relating to divorce relief system, the system establishes three basic system. In our legal theory is usually referred to carry out its economic compensation housework for women, the spiritual and material life to help the poor and vulnerable economies divorce party damages. The revised pay more attention to the legitimate interests of the weak and the effective maintenance. This provision is to allow divorce after a serious decline in the standard of living will be a party, not because taking into account the cost of divorce to pay for exorbitant economic dare not divorce, and hugs on the verge of a broken marriage. This is the principle of freedom of divorce marriage advocated coincide, but also more conducive to the protection of equality and independence parties couples on personality. However, the specific content of Chinas current marriage divorce stipulated relief system, not only in the judicial practice not widely applicable to a large number of cases relating to divorce disputes among the disadvantaged party to pla