A Study On The Compensation System Of Housework

The civil code of our divorce economic compensation system applicable premise from marital property ownership respectively to not distinguish property ownership,which means that take common ownership of property spouses in divorce claims the possibility of divorce economic compensation relief protection,but at the same time also caused such as "double evaluation".In response to the question,this paper first expounds the reasonable basis of the divorce economic compensation system to the joint property system.First is that in the face of the division of the joint property,Divorce economic compensation can be used as a replacement system relief to bear the losses of more labor parties,In addition,only the division of the couple’s common property can not fairly evaluate the contribution of the "double salary system" family undertaking more housework;Second,the human capital loss suffered by more domestic parties is future-oriented,The loss of such intangible property cannot be made up by dividing the couple’s joint property;The third is to analyze it at the result level,Divorce economic compensation system can effectively increase the cost of divorce,In the absence of this institutional restriction,Spouses’ marital behavior may be distorted,Thus,it has a bad impact on family harmony and social stability.Secondly,this paper carries out empirical research by collecting the latest applicable cases of divorce economic compensation,and points out through the analysis of data that the divorce economic compensation system in China is too virtual,and the judicial organs are too conservative in the decision to apply the system or determine the amount of compensation.There are both reasons for the concept and for the legislation is too general.Finally,this paper points out that to resolve the divorce economic compensation system in the judicial application,the first priority should be to reverse understanding,by issuing guidance case for the value of divorce economic compensation system,to clarify the difficult elements of divorce economic compensation system,clear divorce economic compensation scope should include the economic value of housework and specific sacrifice decisions caused by human capital loss.However,in order to avoid double evaluation,the value evaluation of housework should be realized in principle through the separation of joint property.The system is only applicable to the economic compensation system due to sacrificial decisions to maximize family benefits.At the same time,the corresponding judicial interpretation should be issued,in the applicable conditions of the divorce economic compensation system,the valuation algorithm,reference standards,payment methods,so that China’s divorce economic compensation system really from "paper law" to "actual law".Thus play the legal guarantee and leading function,laid a safety net to encourage unmarried men and women to bravely into marriage,married men and women can contribute to the family,to change the current "fear of marriage,fear of childbearing" social status to contribute some strength.