Value Recognition And Legal Protection Of Domestic Labor In Divorce

As economic developed and ideology improved, everyone is pursuiting the equality in modern society. The principle of equality,as one of the most basic principles of law, also stipulated in the provisions of the Constitution. However, some inequalities still exist. In this paper the aother want to introduce an unequal phenomenon in family life through the empirical analysis method. The women in the family life always take a heavier chores. When divorced,women rarely can get housework compensation. Through the empirical anlysis, the author found the problems of the housework compensation is the lack of value recognition and legal protection. Based on the analysis from the following several aspects:the meaning of housework as well as the analysis of the characteristics, the legal analysis on protecting the valueof housework, the value analysis on the necessity of protecting the value of housework and the examples analysis on various countries about housework protection system analysis, the auther want to investigate the present situation of our divorce housework compensation system, and improve some suggestions on existing problems. Totally, the article is divided into four parts.The first part:introducing a question. Firstly, introduction introduces the selected topic background and through the empirical analysis to admit the value of housework and to give legal protection. Secondly, discusses the housework compensation system in China’s divorce legislation present situation and the research status. Finally, this part elaborated the paper research significance.The second part:the theoretical analysis. Through the analysis of the concept, legal analysis, value analysis to admit the necessity of the value of housework. In the conceptual analysis, the aother put forward to the different scholars on the definition of housework, and summarize its characteristics. In the legal theory analysis, the aother demonstrates the necessity of protecting the value of housework through the principle of equality and fairness.In the value analysis, the author demonstrates the value of housework admitted and the significance of legal protection: promote equality between men and women; ensure the freedom of divorce; encourage family members to share the housework.The third part:taking examples for reference. In the example comparison analysis, cited Germany, the United States, France regulations on housework compensation system. This part the aother compares the advantages and disadvantages between different countries in order to perfect the housework compensation system of our country. The fourth part:solving the problems. Through empirical study, the author found the following problems:the premise that the housework compensation system limited, housework pay more difficult side of the proof, housework compensation standard is unknown. Insufficient when the housework compensation system of divorce in China were analyzed, and put forward the value of housework admitted and protected by the laws of the perfect proposal. Specific include:(1) expand the use of divorce housework compensation system;(2) regulate specifically on the application for housework compensation request;(3) establish a specific compensation standards.