Study On The Compensation System Of Housework In Divorce Proceedings

Divorce is divided into agreement divorce and litigation divorce.The agreement on divorce is not in the scope of discussion because of the principle of autonomy of the parties.There are four provisions in the current law concerning the system of property issues in the divorce proceedings:In the first place,no fault party may claim damages from the wrongdoer due to the legal circumstances leading to divorce;Second,in the division of marital common property,more than one side to raise children and women;Thirdly,after the divorce split the couple's joint property,the one who has the economic ability should help the difficult one.All the above three systems are applicable to husband and wife adopting legal property system(It's the common property system).Fourthly,if the husband and wife adopt the separate property system,they shall have the right to offer compensation to one person who has paid more obligations to the children,to care for the elderly and to assist the other party in the divorce.This kind of compensation is domestic labor compensation,also known as divorce economic compensation.Due to the influence of history,culture,emotion and other factors,in the real sense,Chinese couples adopt the legal property system.As one of the remedy ways of divorce litigation,housework compensation is only applicable to the separate property system in the agreed property system,so it is difficult to achieve the preset effect.Especially in the military marriage,the two sides in the divorce of the property division,the non-military side of the housework often cannot be affirmed.The current marriage law compensates for housework,only for the existing value of housework.It does not consider the loss of interests,the depreciation of human capital and the expected earnings of the more obligatory party.In the common property system,these problems are particularly serious,and it is obviously not in accordance with the requirements of the principle of fairness in civil law.Current domestic labor compensation system can only be applied in divorce,which is contrary to the original intention of husband and wife.Time constraints interfere with the exercise of rights and therefore should be reconsidered in the applicable time.At the same time,the compensation standard of housework is vague and the compensation method is single,which can not solve the problem completely and it affects the system of housework compensation.To sum up,there are still many needs to be perfected in China's domestic labor compensation system.