PP839
Analítico de Periódico
WEI, Chen, e outro
A study of system of spousal maintenance on divorce : a comparison between China and Russia / Chen Wei, Ran Qi-Yu
International Journal of Law, Policy and the Family, Oxford, v.19 n.3 (December 2005), p.310-326
DIREITO DA FAMÍLIA / China / Rússia, DIVÓRCIO / China / Rússia, ASSISTÊNCIA JUDICIÁRIA / China / Rússia
This article compares the systems of maintenance on or after divorce in Russia and China. Admittedly, we think that a recent amendment to the Mariage 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 wich financial assistance is awared are too restricted; second, there are no factor that a judge must consider when determining the amount of financial assistance; third, enforcement measures are inadequate. Finally, there is statutory provission under which the financial assistance is exempted, limited, adjusted or determinated.