On The Housework And Its Compensation System In Marriage And Family Law

Since the family as a "cell" appears in Human Society, the housework has begun to emerge and become essential. Housework plays an irreplaceable important role in maintaining the family, educating the children, caring for the elderly, assisting the partner in work and so on. Besides, it makes a significant contribution to the family function and order well running. Its implicit economic and social value have become increasingly prominent and attracted attention of the public. The legislation also tends to recognize and compensate the value of housework in many countries and areas. Housework compensation is added to Article40of the revised Marriage Law in2001, and then affirmed the value of housework in legal system. It has a certain directive function for balancing the interests of spouses, promoting gender equality and realizing the legal justice. However, the system was seldom applied in judicial proceedings during the past ten years, and failed to achieve the desired effect. This dissertation focuses on the analysis of social and legal current situation of housework and its compensation in marriage and family law, and then point out the shortages and improvements of the current housework compensation system.The dissertation consists of three parts:introduction, text and conclusion. The text is divided into three chapters.Chapter One demonstrates the basic principle of housework compensation. Firstly, it expounds the necessity of the compensation system in three aspects, including the value of housework, the jurisprudential foundation and practical significance of housework compensation. Secondly, based on the analysis of jurisprudential theories about housework compensation, I hold the view that the essence of housework compensation is to make up a loss of the partner according to the theory of marriage partnership.Chapter Two analyzes the current situation of housework and its compensation. Upon this portion, the research focuses on the social present situation of housework and the present situation of legal system about housework compensation by empirical analysis method. On the part of social present situation of housework, I found that the female are still the main bearers of housework by using the Fujian survey datum about social status of women in the third phase. And then analyze the implicit costs and benefits of housework by using the method of cost-benefit. On the part of legal system situation, combining the current legislation of housework compensation firstly, and secondly examining the status in the judicial proceedings by case analysis and questionnaires.Chapter Three discusses the shortages and improvements of the current situation of legislation of the housework compensation system. It’s mainly considering four sides: gender perspective, applicable precondition, exercise time and compensation standard.