What Is a Breakup Fee?

In judicial practice, the so-called "breakup fee" generally refers to a request made by one party in love to the other party, and a certain amount of compensation should be requested by the other party, usually referred to as "youth loss fee" or "youth compensation fee". There is no basis for the law, and forcible demand cannot be convicted, nor is it protected by law. The court will not accept it. It is a personal economic dispute and can only be civil mediation.

Break up fee

The so-called "breakup fee" in judicial practice generally means that one party in love makes a breakup request to the other party, and at the request of the other party

As mentioned earlier, the breakup fee is generated during the dissolution of love, cohabitation, marriage contract, and marriage between the men and women. Therefore, different personal relationships between men and women naturally have different types of breakup fees.

In real life, the payment methods for breakup fees are different, mainly as follows:

Since the breakup fee is an objective existence in social life, and disputes over breakup fees also occur from time to time, how should the disputes over breakup fees be handled in judicial practice, and how to resolve the dissolution of marriage, cohabitation, marriage, and marriage between men and women due to the payment of breakup fees? The contradictions that have arisen have truly achieved the judicial purpose of settling disputes. In addition to the legal application and legal principles that should be followed to deal with the breakup fee mentioned above, the author believes that when dealing with disputes over the breakup fee, the following issues should be paid attention to:

Because there is no clear stipulation on the breakup fee in China's civil law at present, there is no unified approach to the relief treatment of the dispute over the breakup fee. There are generally two cases. One is the confirmation of the breakup fee when the case of the dispute over the breakup fee is tried. With legal effect, the party paying the break-up fee shall perform the obligation to pay the break-up fee. Another situation is that the legal effect of the breakup fee is not recognized, and the judgment rejects the lawsuit of the party that accepted the breakup fee. The results of the different verdicts on the breakup fee in the "Introduction" of this article by Chenghua Court and Longquan Court are typical examples of these two situations.

Although the civil law in China currently does not have a clear stipulation on the separation fee, and the judicial practice in the dispute settlement dispute settlement is inconclusive, the judicial remedy for the dispute over the separation fee is not ruleless, but should be based on the characteristics of the separation fee and related civil laws Come in principle. The author thinks that it can be discussed in terms of the application of the law to handle the dispute over the separation fee, the principles to be followed in the case of the dispute over the separation fee, and the issues that should be paid attention to.

When people make laws, they uphold them. Because law, as a means of social control, can build a rational legal order for social life, economic development, and civilized progress. On the one hand, it regulates people's behavior and on how people should or should not act. On the other hand, the law can Things and phenomena make value judgments consistent with social justice. However, the law as a social superstructure is subject to the socio-economic foundation after all, and it always lags behind social life. Only after cognizing social phenomena and development laws can people formulate various laws, regulations and systems on the needs of healthy social development. As American jurist E. Bodenheimer pointed out, "Legislation looks to the future and changes the current situation through the establishment of a new rule, which will be applied to all or some things subject to its power in the future. Since the reform and opening up, China s social development and people s life have undergone drastic changes, social systems, laws and regulations have been unprecedentedly developed and improved, and our society has basically entered into a legal society with legal compliance. The strategy of governing the country according to law has become our basic national policy. But in our society In the process of all-round development, new social phenomena and social contradictions have emerged endlessly, and various legal systems and laws and regulations have inadvertently failed to meet the needs of social development. Therefore, the legislative department has been continuously proposed to establish, modify, improve and perfect various laws and systems. For example, after various amendments to the Marriage Law, the problems encountered in people's marriage life cannot be fully solved, and the schedule for amendments has been mentioned again. The phenomenon of breakup fees is one of the marriage problems encountered in people's marriage life. , Disputes over breakup fees occur from time to time, but in my The Marriage Law does not have provisions on the separation fee, and the judicial community has no way to deal with the dispute over the separation fee in the judicial practice. Therefore, the author deeply feels the need to put forward legislative suggestions on the separation fee. Breakup fees are written into the marriage law like domestic violence, damages, etc., and special marriage law provisions on breakup fees are established to determine the legal effect and binding force of breakup fees.

It is true that the formulation or amendment of a law or a legal provision has its full legislative reasons, reasonable legislative purposes and good legislative purposes. For example, the provision of economic assistance in Article 42 of the Marriage Law reflects the principle of fairness in civil law and the legislative concept of social justice that protects the interests of vulnerable groups. Because the financial assistance given by the man and the woman to the difficult life at the time of divorce is not a separate treatment of the fruits of joint labor during the existence of the marriage relationship between the two parties, but a provision made by the law to reflect social fairness and justice. For another example, Article 46 of the Marriage Law and the judicial interpretation of the provisions on compensation for damages introduce civil liability for compensation for tort into the Marriage Law, and its legislative purpose is to effectively solve problems such as domestic violence in people's marriage. It can be seen from the provisions of the Marriage Law on damages that damages are a debt of civil tort arising from the marriage relationship between the man and the woman, not the debt of the property of both parties. The author here explains the legislative grounds and purpose of financial assistance and damages. The intention is to explain by analogy that the break-up fee also has a reasonable legislative ground and purpose. Or one party voluntarily pays the other party a certain amount of money or property. According to this, it can be seen that the breakup fee is not the treatment of the common property of the two parties during love, cohabitation, marriage, and marriage, but the party s personal property. Disciplinary action is the result of party autonomy and the product of the party's civil legal actions. This result and industrial physics should be confirmed by legislation and protected by law, so that after the dispute between the men and women has a dispute over the breakup fee, they can really get public relief, and the judicial practice community can have laws to deal with the breakup fee. Because the antecedent facts of the breakup fee are the love, cohabitation, marriage contract, and marriage relationship between the men and women, and arise from the process of dissolving the love, cohabitation, marriage contract, and marriage relationship between the two parties, the law of the breakup fee can only be confirmed through marriage legislation Effectiveness and binding.

Since the break-up fee is the disposition of the private property of both men and women, it is not a treatment of common property during love, cohabitation, marriage, and marriage, and it is the result of the parties' autonomy. Therefore, no external force or even the law can force the break-up fee. That is, no external force or even the law can force the legal private property of the parties against the wishes of both men and women. Therefore, the author advocates that the marriage legislation for the breakup fee is limited to the legislation agreed by both the men and women or one party promises to pay the breakup fee. The marriage legislation is used to confirm the legal effect of the parties' agreed or voluntary payment of the breakup fee, and it is not mandatory to use the marriage legislation. Breakup fee. According to this, if future amendments to the Marriage Law can write the breakup fee into its provisions, it can only be written as "When both men and women release love, cohabitation, marriage, and marriage, the two parties agree or one party promises to pay the breakup fee. The agreement or commitment is fulfilled. If the contract is not fulfilled, the other party may sue to the people's court. It cannot be written as "when a man and a woman terminate the relationship, cohabitation, marriage contract, and marriage relationship, the party who breaks the relationship must pay the other party a breakup fee."

Breakup fee: Sometimes when one of a man and a woman declares that their relationship is broken, the party who wants to maintain the relationship will ask the other party to ask for the breakup fee to achieve the purpose of postponing the execution of the breakup. This situation is common in today's society.

There is also a case where a man or a woman specializes in love and then asks for a breakup fee to earn a living when they break up. This behavior is very immoral, but it is also common in today's society. In particular, the major TV media often reported that Guangdong TV had a special report not long ago, saying that a woman and his boyfriend had all their breakup fees (commonly known as youth loss compensation fees) and were chased out of the street by the man with a machete.

On November 9, 2014, the prosecutor's office in Dachuan District, Dazhou City, the suspect Yang Xin was arrested for intentional homicide (attempt).

In 2009, Yang Xin went to the foot-washing room for consumption once, and met Liu Yuan, who worked here. Although both were married, they still became lovers and remained for more than 5 years. In the meantime, Yang Xin has always loved Liu Yuan, always giving her money to buy clothes, etc., and asked Liu Yuan not to associate with other men. Liu Yuan still kept a relationship with other men in private. Yang Xin was very angry when she knew about it, but she persuaded many times without success. The more he wanted to get more angry, he asked Liu Yuan to pay back the money, but not only was rejected by Liu Yuan, but he deserved to be scolded, so he decided to die with Liu Yuan.

At the end of June 2014, Yang Xin went to the street and bought two sharp knives, a hammer, and a bottle of sulfuric acid and a bottle of pesticide. "I want to kill her first, and then drink pesticide to commit suicide." Yang Xin He said that he came to the door of Liu Yuan's house and waited for the opportunity. At this moment, Liu Yuan, her husband, and the children were about to go out. Said that her husband Chen Gang hurried forward to stop and subdued Yang Xin. Liu Yuan, Chen Gang, and the child's body were all burned with sulfuric acid to varying degrees. Chen Gang was injured by a hammer on the head and bleeding. Yang Xin was also injured. ^[2]