Housework Compensation Under The Perspective Of Civil Code Of The People’s Republic Of China

The understanding and development of housework compensation has gone through two stages:from the period of the Marriage Law,focusing mainly on compensation for specific household chores,to the era of the Civil Code,where it was realized that household chores embody both concrete and abstract labor.After the implementation of the Civil Code,the number of cases involving divorce compensation has significantly increased compared to the time of the Marriage Law.However,there are still real difficulties and problems such as "low application rate,low relief intensity,and difficult recognition." The core issue that needs to be urgently addressed is how to formulate a compensation calculation method that is simple and feasible.The amount of divorce compensation can be divided into two parts,namely,the value of household labor and the value of human capital.By estimating household labor relatively objectively through integrated substitution method and industry substitution method,the unrealized human capital can be determined by multiplying the difference between the future market labor income of the beneficiary and the victim by the compensation period.The construction and development of a reasonable divorce compensation system is a necessary link in correcting the imbalance of the interests of husband and wife and ensuring the implementation of the principle of fairness in the field of marriage and family.