离婚扶养制度研究-民商法学专业论文.docxVIP

Spousal Spousal Maintenance System after Divorce Abstract Divorce Financial Assistance System has a long history in China， but until now after a long—term development，the system still do not reach the development of the legislative purpose，due to the backward status of legislation，the low rate of application．Through the comparative analysis， we can figure out that although the names are different,Divorce Financial Assistance System and foreign Spousal Maintenance System atier Divorce are essentially the same．Cause of the lack of a fulfillment system the system has not been widely applied，and the pursuit of the spirit of the legislation also have not been implemented． The author found out that the trend of the marriage system principle of the application in foreign countries is non-fault doctrine which as the system of divorce maintenance through the analysis of the foreign divorce maintenance system．The author believes that non-fault doctrine as the principle of the application of divorce maintenance system is in line with the legislation of the system．And throughout the country’S Spousal Maintenance System after Divorce，the basis of the claim,in generally, mainly including the supplement theory of social security，breach of contract responsibility theory，partnership theory，as well as the extension Ⅱ 万方数据 of of the couple’S parenting obligations．The author agree with the divorce without profit sharing as the basis of claim right of claim． Through the analysis of foreign law,and compared with the status quo of Chinas divorce economic help system，the author found that not only in the legislation but also in the implementation process，we need to improve the Divorce Financial Assistance System．Through the comparative analysis with foreign laws and the specific j udicial status of China，the author put forward some suggestions for the improvement of the Divorce Financial Assistance System． KEYWORDS：Spousal maintenance system after divorce；current justice condition；