Study On The Compensation Systemof Divorced Housework In Our Country

The system of compensation for divorced housework has a history of nearly twenty years in our country.From the effect of implementation,the application rate of the articles on the compensation for divorced housework in the pre-civil code era is relatively low,although the article 1088 of our Civil Code has modified and perfected this system,it will be applied to the system of common property of husband and wife,which makes the system of compensation for divorced domestic work more in line with our national conditions.Some verdicts have even sparked widespread public debate.At present,there are still many problems in the practice of our country’s compensation system for divorced domestic work,among which the most controversial are the large gap in compensation amount and the low compensation amount.The so-called divorce compensation for domestic work refers to the marriage during the existence of more obligations or more responsibilities for the family of the party,in a divorce can be based on the other party to make a request for compensation.The system is conducive to the maintenance of equality in marital relations and the protection of freedom of marriage.By comparing with the relevant systems of the main countries of the civil law system and the common law system,it can provide beneficial enlightenment for the construction of our country’s system.In order to improve the system of compensation for divorced housework in our country,we should adhere to the idea of sharing housework between husband and wife,refine the rule system of compensation for divorced housework,and focus on protecting the ability of housework workers to resume employment.At present,although the Civil Code of our country has revised this system,but there is only one legal provision and the provisions are quite general,which makes the compensation for divorced housework confused with other means of divorce relief,article 1088 of the Civil Code of the People’s Republic of China stipulates too much principle,which leads to the problems of unclear standard of identification,difficulty of proof,single form of compensation and unclear standard of compensation.In order to perfect the system of compensation for divorced housework in our country,first of all,to realize the comprehensive application of compensation for divorced housework and other means of divorce relief,and to realize the effective link with the system of division of common property,the principle of“Divide first,then make up” is adopted to realize the effective distinction between the compensation of divorced housework and the division of property between husband and wife.The financial aid system for divorce is applicable.Secondly,we should improve the evidence rule system of compensation for divorced housework,distribute the burden of proof reasonably and lower the standard of proof in the lawsuit of compensation for divorced housework.Thirdly,we should make the compensation standard clear and list the specific situations of compensation,including paying more obligations for taking care of the family and helping the other party to work,so as to give up the opportunity of promotion,employment and study The significant contribution of having to take more care of the other parent;the inability to perform financial obligations during the marriage due to the long period of separation when the other spouse is not performing domestic work;and the fact that one spouse is performing domestic work for the family,the other party benefits more based on the other party’s efforts,while the divorce has not yet produced benefits or less so.In order to perfect the compensation system of our country’s divorce housework,we should also make clear the factors of consideration when deciding,on the basis of judicial practice in our country,we can make a judgment by using the six factors of consideration for reference.Finally,it is suggested to establish a Operability compensation mechanism for divorced domestic work.Diversified payment methods,such as one-time cash payment,installment payment or compensation in kind,shall be adopted,by taking measures such as providing guarantees to prevent risks,requesting the assistance of specific third-party agencies,and fully relying on modern information technology such as big data,the security mechanism for the implementation of compensation for divorced domestic work has been improved.