A Research On The System For Housework Compensation In China

Our country first proposed compensation system for domestic work value was in Article 40 of the Marriage Law of 2001,which stipulated that: When the husband and wife agree in writing that the property acquired during the continuance of the marriage relationship shall be owned by them,one party will raise their children,take care of the elderly,and assist the other to work.Where there are more obligations,such as divorce,they have the right to request compensation from the other party,and the other party should compensate them.It can thus be seen that the purpose of compensating for the value of domestic work is to protect the interests of the more people who perform domestic work.As early as China,the two major countries' law of the law regarding the compensation for domestic work have been clearly stipulated.The names of domestic labor compensation in various countries are similar,but in essence they are intended to safeguard the interests of domestic workers.Although our country's relevant legislation started relatively late,scholars' researches on the compensation of domestic work value emerged in an endless stream.While rejoicing at legislative progress in domestic work compensation,the author believes that we should be more aware of the problems existing in legislation.For example,at the legislative level,the preconditions for the application of compensation claims are limited to separate property systems.This is commonly practiced in our country.The common property system is slightly unfair;the demands for domestic work compensation can only be raised at the time of divorce;then the benefits of separation during the marriage period,or short-term interests after divorce,have not been effectively maintained;the difficulty of proof at the judicial level and the right to request Problems such as too short a time limit make it difficult for the compensation system for domestic work to run in judicial practice.So overall,this paper is divided into seven parts:The first part is the introduction,which briefly introduces the background of the topic selection,the research status at home and abroad,the framework of the paper,and the research methods.The second part is an overview of compensation for housework value.This part includes the concept of housework,the social characteristics and value of housework,and the concept of housework value compensation.The third part is the legal basis and significance of compensation for housework value.The legal basis of compensation for domestic work value includes the principle of equality between men and women,the principle of fairness and justice,and the principle of reciprocity between rights and obligations.Social significance includes protecting vulnerable groups,maintaining family harmony,and improving society.Division of labor.The fourth part is the investigation and evaluation of the value compensation system for domestic work in the two legal systems.The civil law system is represented by Germany,France,and Switzerland;the Anglo-American law system is represented by the United Kingdom and the United States;the comparison of the two major legal systems and five countries is available.The national legislation tends to identify with the value of domestic work;there is no inevitable connection between domestic work compensation and the property system;the conditions for spouse compensation during divorce are increasingly refined.The fifth part is the current situations and problems of the value compensation of our country's labor,and this part of the paper is divided into the legislative level and the judicial level.At the legislative level,the premise is that there is a separate property system.The right to make compensation for domestic work is limited to the divorce request.It can only be raised by the right party.Legislative issues include narrow application prerequisites,overly stringent timeliness,ambiguity of specific amounts and compensation methods,and unclear measurement factors for compensation standards.The judicial aspect includes the difficulty of proof and the limitation of claims.The sixth part is the improvement of our national labor value compensation system,which corresponds to the problems in the previous chapter.From the perspective of expanding the use of the legislation,adjusting the time limits for the right to compensation,clarifying the form and duration of compensation,and determining the factors for the compensation of domestic work,the burden of proof should be reasonably distributed in the judiciary,and the time limit for protection should be increased.The seventh part is the conclusion of the article.Our country's legislature should ensure that the judicial interpretation is roughly synchronized with the characteristics of China's current marriage and family,and further revision of the "Marriage Law" to achieve the unity of practice and legislation.The purpose of this paper is to analyze and discuss the domestic work compensation system in a more comprehensive and complete manner,and to look forward to putting forward useful suggestions for the improvement of the system,and ultimately to contribute to the effective implementation of the domestic work compensation system.