论离婚经济补偿制度的司法适用及完善

On Judicial Application and Perfection of Divorce Economic Compensation System

《民法典》规定,离婚经济补偿范围包括夫妻法定财产制和约定财产制,体现了对负担较多家事义务一方的救济。但仅通过一个条文规定家事义务负担较多一方有离婚经济补偿请求权,从司法视角审视,该制度存在司法适用率低及司法适用规则不完善方面的不足。文章以实现法律功能性价值为目标,运用法解释学研究方法,根据离婚经济补偿制度的理论依据与司法适用现状,提出完善其司法适用规则,增强该制度在司法实践中的适用性。

The Civil Code stipulates that the scope of economic compensation for divorce includes the legal property system of husband and wife and the agreed property system, which reflects the relief for the party who bears more family obligations. However, only one provision stipulates that the party who bears more family obligations has the right to claim for economic compensation for divorce. From the judicial perspective, this system has some problems, such as low judicial application rate and imperfect judicial application rules.With the goal of realizing the functional value of law, this paper uses the research method of legal hermeneutics, and according to the theoretical basis and the present situation of judicial application of the economic compensation system for divorce, puts forward to improve its judicial application rules and enhance the applicability of this system in judicial practice.