Research On The Protection System Of The Value Of Housework

From the perspective of housework,it plays an important role in family stability and social harmony.The Marriage Law of the People's Republic of China(hereinafter referred to as the "Marriage Law"),which was revised in 2001,provides for a domestic work compensation system.This system is indeed conducive to realizing the value of domestic work,helping people who do housework to receive compensation,promoting legal progress and social fair,but it has not yielded good returns in the past 20 years.Affirming the value of housework has profound practical significance,which not only promotes equality between men and women,but is also conducive to marriage stability and thus promotes social harmony.The protection of the value of housework is supported by a deep legal basis,which not only meets the requirements of the principle of fairness,but also the connotation of the principle of equal rights and obligations.From the perspective of legal economics,housework has two aspects,cost and benefit.The energy cost and opportunity cost of housework determine the people who do housework,and should be protected.The benefits of housework include promoting the maximization of family economic returns,preventing the outflow of positive assets,and obtaining exchange value,while the people who go to work also receive human capital.From the perspective of legal economics,the protection system of value of housework conforms to the evolution of social types and changes in social structure.Under different social types and social structures,the degree of protection of value of housework is also different.Only when the social economy has been greatly developed in modern times and the culture is gradually enlightened,the protection of value of housework is possible.Compared with other countries or regions,China has established a system to protect housework later.There are many problems and it cannot achieve a good social effect: there are few applicable premises,only for couples who realize separate property systems;the time of application is also very short,that is,it must be mentioned at the time of divorce,and if people meet the financial difficulties after the marriage or during the marriage cannot raisethe application;there are few applicable subjects,only the parties can apply,but marriage is a matter for both families,and the parental rights paid for the happiness of the grandchildren are not guaranteed;it is difficult to operate because the provisions of the law are ambiguous.There is no specific and feasible compensation content and rules,which makes it difficult for the rule to be applied by judges.Even if it is applied,it will lead to a situation where the law is not uniformly applied.Based on this,there has even been a debate about the existence of abolition,and scholars who advocate abolition have seen these shortcomings make the system useless.Practice is the life of the law.In order to protect the value of housework preferably in our country,we must design the system based on the actual situation of marriage in China.At the same time,we need to learn from the experience and lessons of other countries or regions.Differences and deficiencies in the protection of housework outside the territory.In view of the above-mentioned system problems,the applicable situation should be expanded,the parties to the application should be supplemented,the time for application should be increased,the rules for compensation should be refined,and the protection system for the value of housework should be improved.The divorce rate in our country has been increasing year by year,protecting the value of housework has great social significance.It is not only the protection of more and more dual-worker families,but also the protection of traditional housewives.Only family members trust and help each other,wives and husbands are equal,and the common prosperity,social stability and harmony can become possible.