离婚扶养制度分析-analysis of divorce maintenance system.docx

AbstractNowadays, divorce has been widely accepted and people can divorce according to their will in most countries. As a result, it is an important issue to balance between the freedom to divorce and protecting the lawful rights and interests of the vulnerable party in the advancement of the divorce laws. Among the foreign divorce laws, not only in civil law countries or the common law countries, most countries, such as German, France, America and Australia, underline the provision of the divorce maintenance system. Meanwhile, the divorce laws in China also underline the divorce financial assistance system similar to the spousal maintenance system. And the divorce financial assistance system consists a complete system of divorce system with the damage compensation system and the economic remedy system; and it plays an irreplaceable role in the protection of the weak party by providing legal protection to them because the social security system is not perfect in China nowadays.Compared to the spousal maintenance system abroad, the divorce financial assistance system in China is not perfect yet and is barely carried out in the judicial practice. Consequently, we can’t support the weak party after divorce and cannot fulfill the mission of the divorce financial assistance. This paper advice to learn from the laws abroad, and gradually replace the divorce financial assistance system by the spousal maintenance system and put forward suggestions to perfect it as well.This paper contains four parts, about 35 thousand words.Part Ⅰ introduction of the spousal maintenance system. In this part, the appellation, the meaning and its characters of the spousal maintenance system will be discussed in depth, including the marital obligation extension, the rehabilitation measures, moral responsibilities in social terms, and the theory of survival right guarantee. Meanwhile, the function of this system (Its main functions include relief after a divorce the weak party, ensuring the div