Journal Article

A Study of the System of Spousal Maintenance on Divorce: A Comparison between China and Russia

Chen Wei and Ran Qi-Yu

in International Journal of Law, Policy and the Family

Volume 19, issue 3, pages 310-326
Published in print December 2005 | ISSN: 1360-9939
Published online December 2005 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebi025
A Study of the System of Spousal Maintenance on Divorce: A Comparison between China and Russia

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This article compares the systems of maintenance on or after divorce in Russia and China. Admittedly, we think that a recent amendment to the Marriage Law of China 2001 is significant in solving the practical problem of most divorced women who have no home in which to live. However, through this comparison, we find there are still some defects in the financial assistance system on divorce in China. First, the conditions under which financial assistance is awarded are too restrictive; second, there are no factors that a judge must consider when determining the amount of financial assistance; third, enforcement measures are inadequate. Finally, there is no statutory provision under which the financial assistance is exempted, limited, adjusted or terminated.

Journal Article.  8485 words. 

Subjects: Family Law ; Marriage and the Family

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