Legal Analysis Of Compensation About China’s Housework In Divorce Cases

Since the Civil Code of the People’s Republic of China expanded the scope of compensation for divorce and housework to the statutory marital property system,there has been a large number of cases in practice,and the attention of all sectors of society has also increased,of which the discussion on the amount of compensation has always been the focus of the problem.Many people have questions about the scope and standard of compensation because the amount of compensation is too low.Taking the case as the starting point,through the investigation of human capital and the nature of academic diplomas and qualification certificates,and drawing on extraterritorial experience,the article puts forward suggestions on the scope of compensation and compensation standards,so as to ensure the fair distribution of property between husband and wife in the event of divorce,so that the law can be better applied to practice.Starting from typical cases,the article analyzes the problems of unclear scope of compensation and unclear compensation standards in housework compensation.The scope of compensation and the standard of compensation will affect the efficiency of case handling and the fairness of the entire case,so it is necessary to solve it.After making a corresponding analysis of the housework behaviors involved in the case,the loss of human capital,and whether the expected benefits of academic diplomas and qualification certificates can be included in the scope of domestic labor compensation,If the husband and wife agree on a separate property system after marriage,then at the time of divorce,the party who pays more for housework can claim compensation for the housework itself;however,if the joint property system of the husband and wife is implemented after marriage,it is not possible to make a separate request for compensation for the housework.Although human capital is not property,it contains the value of housework and should therefore be compensated.The expected benefits of academic diplomas and qualification certificates after divorce should be recognized as the personal property of the holder,and the contribution of the housework people contained in them should be evaluated separately,so as to better reflect the recognition of the value of housework in marriage and the significance of the housework compensation system.The standard of compensation for housework shall follow the principle of autonomy of will and the principle of fairness.The principle of autonomy of will runs through the entire process of divorce housework compensation,whether before the lawsuit or during the trial,both parties can reach an agreement on the matter of housework compensation.Equity is a principle that applies throughout the field of private law,and under the principle of equity,a party can only claim compensation for a loss of human capital or an expected benefit.Different compensation ranges have different specific compensation standards.With regard to compensation for housework,a distinction should be made between the marital property regimes applicable during the existence of the marital relationship.In terms of compensation for the loss of human capital,it is necessary to comprehensively consider the intensity of housework of the housework payer,the duration of the marriage relationship,the actual economic level of the beneficiary of the housework,the actual consumption level of the housework payer’s living place,etc.,to determine the amount of compensation to ensure that the parties to each case can feel fair and just.In terms of compensation for expected benefits,it is necessary to recognize that the knowledge of modern society is developing rapidly,and the knowledge acquired in marriage will soon be replaced,so the proportion of compensation should be reduced year by year.