Law-Economics Analysis of Financial Compensation for Divorce

Hailong Zhu

doi:10.54254/2753-7048/25/20230040

Research Article

Open access

Published on 28 November 2023

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Zhu,H. (2023). Law-Economics Analysis of Financial Compensation for Divorce. Lecture Notes in Education Psychology and Public Media,25,1-6.

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Law-Economics Analysis of Financial Compensation for Divorce

Hailong Zhu *^,1,

¹ Harbin University of Commerce

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7048/25/20230040

Abstract

With the continuous development of science and technology and economy, the gender ratio in the labor market has changed, and the scope of female social activities is not limited to the family. At this time, the traditional concept of marriage is no longer applicable to the new social outlook, and a new system is needed to protect the family contribution. The financial compensation system for divorce is designed to compensate one party for his or her contribution during the life of the marriage in the event of divorce, while protecting the disadvantaged groups and gender equality. Although our current understanding of divorce economic compensation is insufficient, only the protection object is limited to housework, and because of the calculation method is not uniform, the application effect in practice is not satisfactory. This paper analyzes Financial compensation system from the perspective of economics, uses the equity principle in civil law to complete the right consciousness of family contribution, broadens the object protected by divorce economic compensation, improves the calculation rules of divorce economic compensation and makes appropriate special compensation for women, so as to ensure the stability of marriage and the efficiency of society.

Keywords

law economics, financial compensation for divorce, exclusive household gains

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References

[1]. Wang Geya, “Domestic Contribution Compensation: Applicable Conflict and Institutional Reflection”, Qiushi Journal, No.5, 2011.

[2]. Xia Yinlan: Human Rights Connotation of Improving the Economic Compensation System for Divorce Housework in the Civil Code, Human Rights Research, No.2, 2020.

[3]. Ian Smith, “European Law, Divorce Rate, Its Causation,” in Legal Analysis of Divorce and Marriage, Law Press, October 2005, 1st edition.

[4]. Becker: On the Family, The Commercial Press, 1st edition, August 2001.

[5]. Adam Smith: The Wealth of Nations, Huaxia Publishing House, First Edition, 2005.

[6]. Lloyd Cohen, “Legal and Economic Analysis of Marriage and Divorce”, Law Press, October 2005, 1st edition.

[7]. Grunow, Ruben, “Family Production -- A Forgotten Industry,” Posner, Economic Analysis of Law, Law Press, 2012, 2nd Ed.

Cite this article

Zhu,H. (2023). Law-Economics Analysis of Financial Compensation for Divorce. Lecture Notes in Education Psychology and Public Media,25,1-6.

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About volume

Volume title: Proceedings of the International Conference on Global Politics and Socio-Humanities

Conference website: https://www.icgpsh.org/

ISBN：978-1-83558-161-2(Print) / 978-1-83558-162-9(Online)

Conference date: 13 October 2023

Editor：Enrique Mallen, Javier Cifuentes-Faura

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.25

ISSN：2753-7048(Print) / 2753-7056(Online)

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