Perfection Of Compensation Clause For Housework In Divorce

As an important part of social labor,housework labor has an irreplaceable role in the happiness and stability of marriage and family.Its economic and social value are increasingly valued by people.The legislation of most countries has also affirmed the value of housework.The clause of Chinese household affairs and labor compensation was established in Article 40 of the Marriage Law in 2001.The establishment of this clause for the first time recognized the value of housework and labor at the legal level.However,the effect of implementation in judicial practice is not ideal.Due to the harsh conditions of application,this clause is almost useless.The "Civil Code" officially implemented on January 1,2021 conducted a partial correction of the clause in Article 1088.The original clause about “The property obtained during the marriage should belong to each other according to written agreements between the two parties” was deleted.Then housework has been expanded,the scope of application of labor clauses once again reiterated the necessity of existing housework compensation clauses.There is no doubt that the applicable rate of revised housework compensation clauses will inevitably increase significantly,bud the "Civil Code" and related judicial interpretations are still blurred on the specific application of this clause.This article will combine theoretical and practice to depth analyse and discuss on the clauses of housework and labor compensation in the "Civil Code".Through cases in judicial practice,explore the lack and defects of my country’s housework compensation clauses.As the clause of divorce relief,it plays an important role in protecting women’s rights,social fairness,justice,equality between men and women.Therefore,the problems of judicial practice of housework and labor compensation need to be resolved urgently for more operable in practice.However,because my country’s theoretical research on compensation for housework is relatively late for developed countries,in order to further solve the problems of housework compensation,it is necessary to learn from the relevant legislation of foreign of compensation for housework on the basis of my country’s current status and national conditions.The specific improvement suggestions are the standards for clarifying the amount of housework compensation,the way to enrich the housework compensation,extensionof the right to exercise time for request about compensation for housework,the relationship of coordination with other divorce relief clauses,and including the incorporation of cohabitation relationships into the scope of the application of housework compensation.Home is the foundation of the country.As the smallest unit of society,the family is crucial whether it is for personal development or social progress,and the stability of the country is crucial.By further improved the clauses of housework and labor.the goals of achieving the essence equality of men and women,family harmony,social stability,and long-term state will come true.