Research On The Housework Compensation System Under The Perspective Of The Civil Cod

The goal and original intention of legislation in the field of marriage and family is to build a marriage legal relationship of equality between men and women.Due to the differences in historical tradition and physiological structure between men and women,women are the weaker party compared with men.Laws must guarantee the substantial equality of men and women and balance the interests of marriage between men and women through the construction of relevant systems.It has been 20 years since the Marriage Law of 2001 established the domestic labor compensation system and the Civil Code came into force.In the past twenty years,the system of housework compensation has played an active role in protecting the rights and interests of divorced women and improving their status.But it is undeniable that the domestic labor compensation system has a series of practical difficulties in judicial practice,such as low application rate.The Civil Code amended the system of compensation for domestic work to better meet the needs of the new situation.This article will combine theory and practice,in the "Civil Code" perspective,the domestic labor compensation system for in-depth analysis and discussion.This paper is divided into four chapters:The first chapter is an overview of the household labor compensation system.This paper introduces the concept of household labor compensation system and differentiates it from other similar systems.At the same time,it analyzes the theory of unjust enrichment,partnership theory and relationship contract theory and other basic theories related to the household labor compensation system.The second chapter is the analysis of the system change and application of domestic labor compensation.It not only reviews the historical changes of the household labor compensation system,but also compares the changes of the household labor compensation system before and after the promulgation of the Civil Code,as well as the relevant background and legislative intention of the changes.It also analyzes the overall situation of the case application before and after the promulgation of the Civil Code and relevant typical cases.On the basis of the introduction of the second chapter,the third chapter discusses four problems existing in the household labor compensation system,such as"many obligations are not clearly expressed","compensation standard calculation is vague","compensation method is unreasonable" and "household labor compensation is not included in human capital factors".The fourth chapter combines the problems raised in the third chapter and puts forward countermeasures on how to perfect the household labor compensation system.In view of the problems enumerated in the third chapter,specific countermeasures are put forward,including four corresponding measures,such as "clarifying the criteria for the consideration of" more obligations ","clarifying the criteria for the determination of compensation amount","enriching the ways of domestic labor compensation" and "compensating for the loss of human capital".