The research on the compensation system of domestic

Abstract

Article 1,088 of the Civil Code of China establishes the system of compensation for domestic work, which protects the legitimate economic rights and interests of the party with more obligations to the greatest extent, and is of remarkable significance. Due to the fact that the system has not yet clearly defined the specific applicable rules, the rate of its application in judicial practice is not high.Through the analysis of the concept and internal legal principle of housework compensation system, this paper focuses on the dilemma inspection in the aspects of applicable conditions, amount basis, applicable mode and burden of proof, etc.It is proposed that the corresponding application rules should be issued as soon as possible, such as expanding the applicable conditions of the system, defining the standard of the amount of labor compensation, broadening the mode of application, rational distribution of the burden of proof and other legal measures, in order to give better play to the positive role of the system in protecting relatively vulnerable parties, promoting substantive equality between men and women, and maintaining family stability.