A Research On The System For Family Labor Compensation

China's current "Marriage Law" Article 40 of the domestic labor compensation system, the implementation of the scope of application limited to husband and wife separate property system, and the compensation standards do not make clear. The legislative model had some legal basis, but not enough thoughtful consideration, resulting in the practice of compensation for housework, they tend to encounter a series of unfair predicament. This paper argues that domestic labor compensation proposed to extend the system to the introduction of the common property of the family, and law and economics from the perspective of domestic labor compensation made specific recommendations.To practice the first part of the case for the primer, indicating that introduction of the common property regime in the case of a spouse to pay more for household work, leaving the other gains may be hidden benefits (such as access to leisure time PhD Etc.). Stealth did not immediately return to the kind of jointly owned property directly to make a contribution to the increase, if the hidden income into income from property before the divorce occurs, the more housework to pay the party can not increase from the marital property in a fair Compensation.The second part of the continental and common law compensation system housework study the relevant legislation, that in the legislative choice, whether for domestic labor compensation system and how to implement the system of property no necessary logical link between. Comprehensive national legislation situation, not only in the separation of property regime, the domestic labor compensation to be applied in the common property system, they can at the time of divorce, domestic labor for special compensation.The third part of the domestic labor compensation conducted in-depth legal analysis, in the meaning of housework and the principle of compensation system for further study, specifically the domestic labor compensation not only can, and should adopt a common property system for the family, and home The scope of labor compensation, standards for specific content should be clear.The fourth part on the basis of the above three parts, of our current "marriage"in the domestic labor compensation system imperfections discussed in more detail, combined with the evolution of the legislative background, from the scope, form, according to other aspects Proposed compensation system in the existing number of domestic labor shortage.Partâ…¤of the use of law and economics analysis, the introduction of opportunity cost, the concepts of discounted future earnings of a party engaged in housework hidden revenue less the assessment recommendations, and based on a set of comprehensive Working party to consider the opportunity cost of paying and not paying the hidden side of labor income, and not confined to any housework matrimonial property system of compensation standard.In summary, this paper proposes domestic labor compensation can also apply to the common view of the family property system and the use of law and economics approach to household chores made specific compensation standards.