A Study On The Compensation System Of Housework In Divorce

With the rapid development of social economy,the forms of property expression are diversified.The tangible property can not cover all the contents of husband and wife's common property.As the intangible property of husband and wife,housework has shown its unique value and become an important basis for the accumulation of husband and wife's common property.No matter from the economic value,social value,or family life,housework plays an irreplaceable role,which also lays a solid theoretical foundation for the rationality of compensation for housework.From the theory of return of unjust gains to the theory of investment and return of marriage benefits,all provide a reasonable legal basis for the compensation of housework.As one of the three major divorce relief systems in our country,the domestic compensation system has a certain connection with other relief systems,which are cross and different from each other,different in content and mission,and irreplaceable.This paper holds that although the status and role of domestic work in legislation has been recognized,it is only at the level of legislation and does not directly define its property value.In the divorce dispute between Song and Guan,although Guan paid more housework in the family,the court still failed to make a judgment on Guan's housework compensation,and rejected it without facts and legal basis.This is not an example of accidental result,but a miniature of the judicial application of labor compensation in the past 20 years in China.Through three times of investigation and analysis,it is found that: Although there are few subjects asking for compensation for housework,the system of compensation for housework is still not fully applicable;even if they get compensation for housework,the amount of relief is still a drop in the bucket;Women's awareness of protecting their rights and interests is increasingly strengthened,and more and more women are asking for compensation for housework.As a traditional country with a long history,China still has a large market for the traditional concept of "men outside women inside" and mainstream values.In addition,there are also problems in the design of the domestic work compensation system itself,so it will be "low applicability,low relief,low efficiency",or even basically put on hold.Based on therelevant legislation of domestic work compensation in developed countries and the actual situation of our society,the author believes that it is necessary to put forward specific suggestions for the improvement of the domestic work compensation system.First of all,implement the substantive equality of men and women under the gender system,adhere to the protection of the legitimate rights and interests of the relatively vulnerable parties in the husband and wife,and implement the protection of individuals,families,society and the state jointly The three basic principles of vulnerable groups are to supplement the application of the domestic work compensation system;secondly,in combination with the civil code of 2019(Draft),the civil code clearly stipulates the time of request,the scope and conditions of compensation application,compensation calculation standards and payment methods;finally,in order to ensure the implementation of labor compensation costs,a complete set of enforcement measures is established.