Analysis of China's Rules of Divorce Financial Compensation

DOI: https://doi.org/10.62517/jel.202414225

Author(s)

Jieyu Zhu*

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

As socio-economic landscapes continue to shift, the social division of labor evolves, and the role of domestic work in maintaining family stability and social harmony becomes increasingly apparent. In recognition of the significance of domestic work, the clarity of financial compensation rules in divorce cases has become an urgent imperative. However, challenges arise in the application of these rules in real-life scenarios, particularly in China, where the Civil Code and judicial interpretations often lack specificity. This paper delves into the divorce financial compensation rules, offering a comprehensive analysis of the current legal framework and its application in practice. It identifies gaps and inconsistencies in the legal provisions, explores the reasons behind these challenges, and proposes targeted improvements to ensure smoother and effective implementation. Addressing these issues aims to contribute to harmonious relationships within families and society, promoting a more equitable distribution of responsibilities and resources within marriages.

Keywords

Application Scope; Compensation Standard; Intangible Value; Burden of Proof; Compensation Method

References

[1]Economic compensation for domestic work and care after the dissolution of the marriage because of divorce, or the couple for cessation of convivial union in Argentina. A feminist legal Reading. Ius et. Praxis, 2018, 24(2): 41-52. [2]Treas J, Lui J. Studying housework across nations. Journal of Family Theory & Review, 2013, 5(2): 135-149. [3]Keping Ran. Systematic interpretation of the divorce relief system of the Civil Code. Politics and Law, 2021(5): 25-35. [4]Geya Wang. Value Interpretation and Institutional Revision of the Marriage and Family Section of the Civil Code. Oriental Law, 2020: 109-112. [5]Yinlan Xia. Innovation and development of marriage and family codification. Chinese Law, 2020, 4: 122-124. [6]Ninglan Xue, Hongfei Xie. Commentaries on the Civil Code: Marriage and Family. Beijing: China Legal Publishing House, 2020. [7]Yuqin Guan. Theory and Practice of Marriage and Family Inheritance Law. Xiamen: Xiamen University Publishing House, 2018. [8]Mei Ma. Research on gender issues of law. Beijing: China Social Science Press, 2017. [9]V, Chen. Research on the Legislation of Marriage and Family Law in China. Beijing: Mass Publishing House, 2010.