Research On The Housework Compensation System Of China

With the development of social economy and the refinement of social division of labor,the public has paid more and more attention to housework,which plays a key role in maintaining family stability and social harmony.In this regard,Article 1088 of the "Civil Code" stipulates the divorce housework compensation system,expands the scope of application to all forms of property,and adds provisions for negotiation by both parties.The housework compensation system is a new addition to our country’s 2001 amendment to the "Marriage Law",and it is limited to the property system agreed upon by the husband and wife.The application rate of this system is not high.Therefore,the revision of the housework compensation system in the Civil Code shows that the value of housework is increasingly valued by the society,and it is an important measure in the context of practicing socialist core values.However,the Civil Code and related judicial interpretations still lack specific rules applicable to the system,and there are differences among academic circles on the applicable rules of the housework compensation system,which leads to more complicated problems in the application of the housework compensation system.Therefore,the relevant applicable rules for the housework compensation system need to be improved urgently.This paper collects 245 legal documents and combines the results of the questionnaire survey.It can be seen that the housework compensation system has increased the protection of the rights and interests of those who bear more housework,but it also exposed the prominent problems in the application of the system.Specifically,there are the following problems: the determination of "more obligations" is not clear;the housework compensation standard is not clear;the property responsible for compensation is not clear;the scope of application is limited;it is difficult to provide evidence.In order to further improve China’s housework compensation system,this paper examines the current situation of China’s housework compensation system,combined with the reference to overseas housework compensation systems and relevant jurisprudence,proposing the application of the housework compensation system should follow the following basic principles: the principle of autonomy;the principle of protecting the rights and interests of relatively vulnerable parties;the principle of fairness.In response to the problems in the application of the housework compensation system in China,the following measures can be taken to improve it: clarify the relevant standards of housework compensation;definitely compensated responsibility property;extending the application time and expand scope of the housework compensation;implementation measures to implement housework labor compensation;adding an advocacy clause for spouses to share household chores.