Study On The Legislation Of The Value Of Housework

Although housework is essential to maintain a family, educate children and support elders, few people acknowledge its economic and social value. Actually, to acknowledge it and to legislate it are significant for gender equality and the protection of women's interests. Therefore, in many countries and areas, systems as to acknowledging the economic value of housework have entered into family law. The amended Marriage Law of China admits the value of housework by prescribing the community property system and request for compensation for housework. However, the legislation is not perfect, and the system is seldom applied in judicial proceedings.This dissertation focuses on the polishing of legislation of the value of housework in our country.The dissertation consists of three parts: introduction, text and conclusion. The text is divided into three chapters.Chapter One demonstrates the foundation of legislation of value of housework from theoretical and practical points of view, and concluded that our Family Law should acknowledge the value of housework on the principle of gender equality and virtual equity, and the principle of equal value for exchange should be abandoned in legislative study.Chapter Two summarizes three legislative patterns by comparing and analyzing the representative provisions as to the value of housework of seven countries and areas. It holds that the situation of a country should be first considered when we make choice among the matrimonial property systems in the legislation of the value of housework; if the matrimonial property system adopted cannot embody the value of housework, remedy system should be resorted; and by the improvement of legislation, maintenance support system can be adopted.Chapter Three discusses the current situation of legislation of the value of housework in China and its limitations. It holds that the dual protection patterns combining the community property system and request for compensation for housework can effectively protect the interests of the weak party in the marriage, but...