Research On Value Compensation System Of Divorce Housework

The legislative purpose of the divorce housework value system is to affirm the value of housework,and the economic compensation to the party who "pays more obligations" during the survival of the marriage relationship is of great significance to balance the interests of both divorce parties and realize the equality between men and women in the substantive sense.Article 1088 of the Civil Code has made a new amendment to the value compensation system of divorce housework,expanding the scope of application of the value compensation of divorce housework,and adding the provision that the amount of compensation should be negotiated by the parties first,so as to better play the function of the value compensation system of divorce housework,and avoid the system being suspended.This paper expounds the relevant concepts of the value compensation system of divorce housework,and clarifies it with the divorce damage compensation system and the divorce economic assistance system.Theories such as the value theory of housework,unjust enrichment theory,partnership theory and economic theory of law are taken as the theoretical basis of the value compensation system of divorce housework,which is helpful to understand the legislative project of the divorce economic compensation system.Protect the interests of those who pay more for housework.Although the compensation system for the value of divorce housework stipulated in Article 1088 of the Civil Code has improved in application compared with the Marriage Law of 2001,the shortcomings of the system in legislation and justice still need to be paid attention to,mainly manifested in legislative problems: The scope of divorce housework value compensation does not clearly include the expected benefits of human capital,the calculation standards and compensation methods of divorce housework value compensation are not clear,the time of proposing economic compensation claims is demanding,and whether compensation is applicable to non-marital cohabitation is doubtful.Judicial problems: difficulty in proving evidence,doubt about whether to apply the doctrine of ex officio inquiry,difficulty in determining "paying more obligations".This paper,by combing the foreign regulations on the divorce support system and summarizing the experience and enlightenment,puts forward the corresponding legislative and judicial suggestions to improve the value compensation system of divorce housework.In legislation,the scope of economic compensation includes the expected benefits of human capital,the definition of the amount and method of economic compensation,the relaxation of the time of compensation,and the economic compensation is also applicable to the situation of non-marital cohabitation;In the judiciary,the burden of proof refers to the "preponderant evidence" rule,increases the intensity of investigation and evidence collection according to the authority,and clarifies the proof standard of "paying more obligations".