A Study On Compensation For Housework

The housework compensation system stipulated in Article 1088 of my country’s Civil Code affirms the value of housework and grants independent claim rights to the party who has paid more.This is a full manifestation of the principle of equality between men and women.However,after the establishment of the system,the legislative effect was not satisfactory.Moreover,since the implementation of the liberalization of the three-child policy,more and more women have returned to their families due to childbirth,and the employment situation has also become more severe due to childbirth.However,in recent years,the divorce rate in my country has continued to rise and divorce disputes have become more complicated.In the case of giving more personal energy for the family and sacrificing career development,once the marriage relationship breaks down,women may face life crisis,which also makes the divorce financial compensation system Once again got people’s attention.Therefore,how to better play the role of Article 1088 of the Civil Code is the question that this article will explore.This article will be divided into five parts to explain.The first part is the introduction,which mainly describes the background of the topic,the significance of the topic,the research proposal and the related literature review.The second part elaborates the concept and characteristics of housework.Domestic work is characterized as internal,emotional,tedious and low achievement and difficult to measure,and it is necessary to compensate the party who pays more for domestic work in the family.The third part introduces the current legislative and judicial situation in China and foreign countries,points out that the purpose of legislation on domestic work is to recognize its economic and social value,identifies the problems reflected in the cases of domestic work compensation decided since the entry into force of the Civil Code,and explains the jurisprudence of the system of domestic work compensation.At the same time,Japan,Germany,and the United States also have regulations on housework compensation systems,some of which are worthy of our absorption and reference.The fourth part points out the problems existing in my country’s current legislation and the corresponding improvement measures.The current problems in our country mainly lie in the narrow time limit,the nonrecognition of the value of intangible property,the insufficient compensation standard,and the insufficient provisions of the proof system.Finally,measures to solve the problem are proposed: 1.Extend the exercise time of the right to compensation for housework;2.Increase the right to claim compensation for housework based on the acquisition of intangible property;3.Refine the compensation standards;4.Improve the relevant legal provisions of the proof system;5.Expand the exercise of compensation.