A Study Of The Divorce Economic Compensation System In Perspective Of Social Gender Theory

"Housework" is an integral part of family life.According to the arguments of economists and jurists,household work in the family creates countless wealth for society and family,but when one side engaged in domestic work devotes time and energy to housework,it often lowers its own income level,so the law The relevant system should be established and improved to protect the rights of domestic workers.Gender theory is a sociological theory proposed in the feminist movement.With the development of the international feminist movement,gender theory has been introduced into China and applied to various fields.In the field of law,gender theory is often closely linked to the protection of women and gender equality.According to the theory of gender,men's and women's social patterns such as behavioral patterns,social division of labor,and social status are formed under the influence of society.They change with the development of society and are not directly related to physiological gender.In the family,women are mainly responsible for housework,which reflects strong gender characteristics.From the point of view of gender theory,the value of housework should become a social consensus and be confirmed in the law.Housework is a joint obligation of husband and wife.Women take housework as a social division of labor under a specific social environment.Therefore,it is necessary to confirm and improve the statutory circumstances and specific scope of application of compensation for housework in a marriage law.Extraterritorial accumulation of certain experience in this area can also provide relevant reference for improving China's divorce economic compensation system.The dilemma of the application of the divorce economic compensation system in China is caused by various reasons such as social awareness,legislative defects,and the application of laws.The value of the labor in my country has not been widely recognized.The law should actively play a guiding role in the law to confirm the value of housework and guide the public to change their concepts.The applicable subject of the current divorce economic compensation system is the stipulated property system family,which restricts the scope of application of the divorce economic compensation system,and should relax restrictions on the applicable subject and the joint-property system of the husband and wife can also be applied.When the exercise of rights is limited to divorce,it is not conducive to timely compensation for domestic workers,and this provision should be appropriately adjusted.The current law does not stipulate the compensation standards and investigation factors for domestic work.There is no legal basis for determining the amount of compensation,and compensation standards and factors for investigation need to be improved.The current law does not stipulate that the mode of compensation is unclear.At present,monetary compensation is generally adopted.However,there are many cases in application that require complicated compensation methods.