Research On The Compensation System Of Domestic Contribution In China

The contribution compensation system of domestic work in China originates from the provisions of Article 40 of the marriage law in 2001.The creation of this system recognizes the value of domestic work at the legal level for the first time,which is another feature of the divorce relief system.The civil code,which was officially implemented on January 1,2021,partially amended the system in article 1088,deleted the original provision that "the property obtained during marriage shall be owned by both parties in writing",expanded the scope of application of the household contribution compensation system,and reiterated the necessity of the existence of the household contribution compensation system.The establishment of the household contribution compensation system has stabilized the marital relationship between husband and wife,promoted the reasonable and fair allocation of family division of labor,and guaranteed the legitimate interests of the contributors who silently pay in countless small families.However,in the process of trial practice,the application rate of domestic contribution compensation system is far lower than that of divorce economic assistance system and divorce damage compensation system,which can not fully meet the needs of vulnerable parties after divorce.It is hoped that on the basis of a more comprehensive analysis and Research on the system,we can put forward improvement suggestions to help realize the value significance of the housework contribution compensation system.The value of housework,the value of fairness and justice,and the value of social equality,as the basic values of the compensation system of housework contribution,reveal the reasons for the differences in the division of housework,the compensation and compensation of housework.However,the reality of marriage relationship and existing legal provisions can’t reflect the significance of housework contribution compensation system when divorce property is divided,and empirical research shows that in specific judicial practice,there are still some obstacles in the housework contribution compensation system,such as unclear compensation standard,vague and single compensation payment method,limited compensation filing time,difficult proof and so on,which are affecting the concrete implementation of housework contribution compensation system.After the implementation of the Civil Code,to perfect the application of the compensation system for housework contribution,we should first coordinate the relationship with the divorce property division system and other divorce relief systems;Secondly,the determination of the amount of compensation for housework contribution and the way of compensation should be discretionary by the judge according to the specific compensation elements and the actual situation;Thirdly,relax the filing time of compensation,and give the parties the right to request compensation for housework contribution within 3 years from the date of filing the dissolution of marriage;Finally,improve the distribution of burden of proof.In a word,although the three major divorce relief systems in China undertake different missions and tasks,the domestic contribution compensation system is also irreplaceable.Improving on the basis of retaining the existing domestic contribution compensation system will help to deepen the social understanding and understanding of the domestic contribution compensation system,pay attention to the value of husband and wife in marriage and improve the application rate of the domestic contribution compensation system,So as to play its main function of divorce relief.