离婚经济补偿制度的理论依据与完善措施

The Theovetical Basis and Improvement Measures for Economic Compensation System in Divorce

离婚经济补偿制度的立法宗旨不仅仅是为了承认家事劳动的经济价值,更多的则是为了通过保护妇女对婚姻的合理期待,促进家庭内部分工,增加婚姻收益,有助于维持婚姻家庭的稳定。为此,应拓宽其适用范围,明确其量化方法、行使时间和给付形式。

The legislation purpose of economic compensation system in divorce is not only to recognize the economic value of tiousework, but also to promote family interior division of labor, increase the income of marriage, realize maximization of family welfare and maintain a stable marriage and family by protecting women trust investment on marital. In view of insufficiency in the current system, we must expand its scope of applica- tion, clear economy compensation amount to the protection of the reliance interest, consider adverse effects within a reasonable time.