Study On The Judicial Determination Of Housework Compensation System In Divorce In China

Since article 1088 of the Civil Code,the scope of the housework compensation system has been expanded to the joint property system,more and more housework compensation cases have been proposed in practice,and the social attention has also increased.This paper takes the case as the starting point,and selects the case of Beijing Wang v.Chen and the case of Liaoning Province Chen v.Zheng to analyze the application of housework compensation system in judicial practice.The main contents include the concept,application,shortcomings of the housework compensation system and suggestions on the system construction.From multiple perspectives,we can analyze the institutional difficulties of the housework compensation system in all aspects,and put forward our own suggestions.The purpose of this paper is to protect the legitimate rights and interests of the disadvantaged party in the marriage through the specific analysis of the housework compensation system.Case analysis method,literature analysis method,comparative research method are used to analyze the views existing in the academic circle,and the advantages and disadvantages of the revised housework compensation system in the Civil Code are analyzed from multiple angles,so as to ensure the fair distribution of property between the husband and wife during divorce,so that the law can be better applied to practice.The purpose of the housework compensation system is to realize the value of legal fairness and justice,and the housework compensation system should adhere to the principle of autonomy of will and fairness.At the same time,in terms of the compensation standard and compensation scope,a variety of factors should be comprehensively considered to protect the legitimate rights and interests of one party in the marriage relationship and ensure that fairness and justice are reflected in every case in which the parties are involved.In addition,the scope of application of the housework compensation system should be further expanded,including the protection that the legitimate rights and interests of a party can be effectively protected during a reasonable period after divorce,and the analogy of the housework compensatio system to non-marital cohabitation.Finally,ideology is an important factor affecting the division of housework,and how to change the deep-rooted traditional thinking is also a big problem to be solved.The author through the analysis of housework compensation system,put forward their own theory and system idea,in order to through a series of adjustment,perfect the civil code of article 1088 housework compensation system to encourage both sides to undertake housework,achieve equality between men and women,maintain the harmony and stability of family relations,finally realize social fairness and justice.