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离婚经济补偿制度与离婚损害赔偿制度、经济帮助制度共同构筑起离婚时的权利保障体系。离婚经济补偿制度客观地评价了家事劳动的价值,协调了婚姻双方当事人之间的利益关系,体现了法律真正保护个体权利的目的。但是,这一制度也存在着不足之处,需要进一步完善。本文从离婚经济补偿制度完善的必要性出发,阐述了其理论基础,进一步评析了现行立法在离婚时权利保障的不足,最后提出了经济补偿制度的立法完善。
The system of economic compensation for divorce, the system of compensation for damages for divorce, and the system of economic assistance jointly set up the system of safeguarding the rights during divorce. The economic compensation system of divorce objectively appraised the value of housework and coordinated the interest relations between the two parties in the marriage, which reflected that the law really protected the individual rights. However, there are still some deficiencies in this system and need to be further improved. Based on the necessity of perfecting the system of economic compensation for divorced persons, this article elaborates its theoretical basis, further analyzes the insufficiency of the current legislation in protecting the right of divorce, and finally puts forward the perfection of the legislation of economic compensation system.