A Study On The Legal Guarantee System Of Family Labor Value

The traditional culture and conservative ideas still prevail in some parts of china. Whether men or women, never seems to realize that their household labor is also a kind of social work and also has certain social value. They not to think about that a person’s housework are how to sustain the normal operation of a family. Because of the family work place is extreme closed, the non-equivalence of obtained products and the non-quantitative for not aim at market exchange, its economic value and social value are often ignored and underestimated, but the value of household labor value and the establishment of related legal system, which will be crucial to safeguarding the rights and interests of the party of pay more chores labor. Throughout the world, many countries have formulated the corresponding family labor compensation system, such as the support system of the United States, the reward system of right of claim of France, etc. Our country also made the housework labor compensation system in marriage law amendment in 2001, the household labor value is admitted at the legislative level that making up the blank of the family labor compensation system. However, because of the application scope is too narrow, the scope of compensation standard is unknown, the protect aging is too short and the law statements is too vague and so on, The system in the judicial practice in the applicable rate is less than 5%, therefore, It is very necessary for us to perfect the system of our household labor compensation in based on the experience of the foreign advanced science.This paper try to from the perspective of marriage law to find out the best integration of their perfect household labor, and bearing rights are women’s peculiar housework labor, At the same time, calling for the establishment of perfect social security system and with the power of women’s federation trade unions and other social organizations to fully protect the marriage and family rights and interests of women in the judicial practice and social life.In this paper, from the following several aspects to comparative analysis and research:in the introduction part, mainly summarize about the literature review and research actuality of family labor value and legal security system in domestic and overseas,and then explain the significance of the topic research. Next, the first chapter is an introduction to the general situation of the family labor, accurately defined the concept of family labor and analyzed the characteristics of the value of family labor, finally it is concluded the theoretical basis and legal basis of the family labor value. The second chapter mainly introduces the three legislative models on housework labor value protection: maintenance mode represented by the United States and Sweden, compensation mode represented by France and Switzerland and sharing model represented by Germany and Taiwan. At the same time, analysis the advantages and disadvantages of each kind of model, finally, it is concluded where has we can reference. The third chapter mainly analyzes the present situation and the limitation of the protection of household labor value, and analyzes the causes of limitations. The fourth chapter mainly puts forward some Suggestions for the improvement of the system of household labor compensation, not only including for the perfection of the family labor compensation system, but also including the improvement of the system of judicial relief measures and other related measures. It is want to be able to make a contribution for women’s marriage and family rights and interests.