Research on the Housework Compensation System under the Regime of Marital Community Property

Article 1088 of the Civil Code of the People's Republic of China breaks through the preconditions stipulated in Article 40 of the Marriage Law, expanding the application scope of housework compensation to the marital community property system. This is not a repeated calculation of the value of housework but a compensation measure for the party who undertakes more housework and sacrifices future development opportunities for the family. In modern dual-income families, the housework compensation system under the marital community property system can better achieve substantive equality between spouses. This system of the Civil Code needs to be constructed in detail from a legislative perspective, clarifying its constituent elements. The change in the legislative text is a practical response to the difficulties in the judicial practice of the Marriage Law, correcting the lack of widespread application of the system in judicial practice. When applying the housework compensation system, it should be distinguished from the other two divorce relief systems, with the "principle of fairness" as the main applicable principle; courts should consider both the sacrifices made by the disadvantaged party due to marriage and the benefits obtained from the marriage; at the same time, special circumstances should avoid repeated calculations. This paper uses empirical analysis and other research methods to analyze the implementation effects of the legal system in practice and explores the legal improvement of related legal systems.

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Publication Details

Journal
Journal of Global Research in Education and Social Science
Published
2024-08-05
DOI
https://doi.org/10.56557/jogress/2024/v18i48806
Primary Topic
Discrimination and Equality Law
Type
article
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article

Research on the Housework Compensation System under the Regime of Marital Community Property

Miao Chungang
Journal of Global Research in Education and Social Science
Discrimination and Equality Law
article

Research on the Housework Compensation System under the Regime of Marital Community Property

Miao Chungang
article en

Abstract

Article 1088 of the Civil Code of the People's Republic of China breaks through the preconditions stipulated in Article 40 of the Marriage Law, expanding the application scope of housework compensation to the marital community property system. This is not a repeated calculation of the value of housework but a compensation measure for the party who undertakes more housework and sacrifices future development opportunities for the family. In modern dual-income families, the housework compensation system under the marital community property system can better achieve substantive equality between spouses. This system of the Civil Code needs to be constructed in detail from a legislative perspective, clarifying its constituent elements. The change in the legislative text is a practical response to the difficulties in the judicial practice of the Marriage Law, correcting the lack of widespread application of the system in judicial practice. When applying the housework compensation system, it should be distinguished from the other two divorce relief systems, with the "principle of fairness" as the main applicable principle; courts should consider both the sacrifices made by the disadvantaged party due to marriage and the benefits obtained from the marriage; at the same time, special circumstances should avoid repeated calculations. This paper uses empirical analysis and other research methods to analyze the implementation effects of the legal system in practice and explores the legal improvement of related legal systems.

Journal of Global Research in Education and Social ScienceVol. 18(4)
North China Electric Power University (CN)
Openalex Percentile: Top 78%
Discrimination and Equality Law
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Research on the Housework Compensation System under the Regime of Marital Community Property — Miao Chungang · Journal of Global Research in Education and Social Science (2024) | TGRS Research Map | TGRS