Study On The Understanding And Application Of The Compensation System For Housework Under The Background Of "Civil Code"

The compensation system for housework under the background of the Civil Code applies to both the separate property system and the legal property system.The scope of compensation includes not only the compensation for the value of the contributors of housework,but also the compensation for their abstract value.Compensation,the legal basis of compensation is also to balance the interests of husband and wife and realize the requirement of substantive justice.On the one hand,the application conditions of the housework compensation system should be explained,and the time for exercising the right to claim housework should be extended.Among them,on the other hand,the "more" in "more obligations" should be restricted,that is,"more" should meet the requirements of quantity and intensity,so as to avoid excessive application and unfair distribution.Or the problem of overcompensating.At the same time,when applying the compensation system for housework under the statutory property system,special attention should be paid to whether there is duplication of compensation,and the situations in which the compensation system is applied under different property systems should be distinguished.The final amount of compensation shall be based on the benefits obtained by the beneficiary,and objectively consider the benefit level of the houseworker.The method of compensation shall be based on the principle of the beneficiary’s existing payment ability,with the exception of instalments.In the practical application,the traditional thinking should be changed,and the discretionary power should be used to effectively compensate the losses of the contributors of housework,so that the housework compensation system will play a real role in guaranteeing the system in the era of the "Civil Code" and change the traditional division of labor between the sexes.,to achieve substantial equality between men and women,fairness and justice.