News 1+1丨The "Housework Compensation System" is worthy of every family's attention!

　　As the saying goes: "It's hard for an upright official to break housework"

　　Recently there has been "housework"

　　Not only the Qing dynasty is broken

　　And dare to break

Its name is law

　　Mr. Chen and Ms. Wang from Beijing registered their marriage in 2015 and had one child.

At the time of the divorce, Ms. Wang believed that she took care of the children and took care of the housework after marriage, but Mr. Chen had little concern about or participated in other family affairs except for working, so she demanded compensation.

Not long ago, the court ruled that Mr. Chen should pay Ms. Wang 50,000 yuan for housework compensation.

This is the first time a divorce and housework compensation case has been concluded using the new provisions of the Civil Code.

　　How to implement divorce housework compensation in the law?

Why is it necessary to pay for housework to take care of housework?

This case sparked heated discussion among netizens.

Today, 1+1 walked into this case to understand

the value of housework

.

What do you think of "50,000 housework compensation for divorce"

Li Mingshun, vice president of the Marriage and Family Law Research Association of the Chinese Law Society:

This kind of discussion is very good and reflects everyone’s recognition of the new provisions of the Civil Code. The specific legal provisions have entered our real life and become truly This is a very big improvement in order to affect a part of the lives of ordinary people, especially since the court better applied the legal provisions to the trial of specific cases this time, so that Ms. Wang’s reasonable demands were satisfied.

However, I think it is not the most important thing for everyone to discuss the amount of compensation. The key to the problem lies in the fairness and justice behind the amount.

Tong Xiaojun, director of the Children’s Research Center, School of Political Science and Law, University of Chinese Academy of Social Sciences:

For "housework", or the concept of "family" that we often talk about, ten years ago, the law and social level were not very involved. For example, I We study children’s problems and adolescents’ problems by ourselves. We used to have a concept that children’s and adolescents’ problems are parents’ problems, but now it’s different. Our current law on the protection of minors says that the country protects children. Yes, if as a parent, you are not good to your children, I can intervene.

"Housework" actually involves how the elderly, children, and husband and wife are fair and equal to each other. Everyone is concerned about this case, and it also reflects the progress of our society as a whole, and the stability of our society to the family in society. In the development of society, it plays a positive role.

So we also need to create more family-friendly concepts and policies.

And such a judgment is actually a good practice for building a family-friendly social policy.

How to view the value of housework?

　　Although the "Housework Compensation System" has long been stipulated in the "Marriage Law" implemented in 2001, Article 40 of the "Marriage Law" stipulates that if a party claims divorce and housework compensation, both spouses must agree in writing on property acquired during the marriage relationship. The premise is that they belong to each other.

　　Article 1088 of the Marriage and Family Chapter of the Civil Code, which was officially implemented on January 1 this year, made a new regulation: If one spouse has more obligations due to raising children, caring for the elderly, and assisting the other spouse in work, there will be Right to request compensation from the other party, and the other party shall provide compensation.

The specific measures shall be negotiated by both parties; if the agreement fails, the people's court shall make a judgment.

This is also one of the important basis for the judgment of this divorce housework compensation case.

　　After marriage, it is presumed in principle that both spouses have equal contributions to the family and paid equal. Therefore, the property is divided equally at the time of divorce. It seems that both parties have been compensated equally, but the party who paid more for housework still has the ability to improve and the educational background Invisible sacrifices such as growth.

Therefore, this clause is a more inclined protection for those who pay more for housework.

Long Jun, Associate Professor of Tsinghua University Law School:

After his divorce, he can still continue the resources he enjoyed before, his connections, his status and status remain unchanged, and he can still get so much income after the divorce.

But if he pays silently at home for a long time, he will still be involved in a problem of returning to society after his divorce.

So what does this mean? That is to say, on the side of housework, in addition to his contribution during the marriage relationship, he also has a hidden contribution. Therefore, this time the "Civil Code", even for this kind of common property Under the premise of our usual common property, the party who pays more for family labor will also give him an appropriate compensation, which is a further compensation for the future.

Full-time mother ≠ nanny!

Tong Xiaojun, director of the Children's Research Center, School of Sociology, University of Chinese Academy of Social Sciences:

I might look at it more from a social point of view, which means that such a judgment actually releases more of the concept of a social value of the family .

That is to say, when a husband and wife are together, they form a family by their mutual affection, then this family is the smallest cell of its society in the entire society, that is, the social cell, which undertakes many social functions, such as Speaking of providing for the elderly, raising children, and mutual support between husband and wife, including the happiness, pleasure, etc. obtained in the society, the stability of the society, the continuation of the population, or the continuation of the society, and what we are talking about This kind of stable and balanced development of the entire human race has played an indelible or irreplaceable role.

These functions are completely different from those of a nanny in exchange for economic benefits through work.

So our judgment this time is actually a practical operation of the social function and social meaning behind housework, so I think we should look at its positive effects more from a social level.

How to achieve reasonable and legal measures?

Li Mingshun, vice president of the Marriage and Family Law Research Association of the Chinese Law Society: Whether to

pay is a matter of principle, so how much to pay is a matter of degree. I think the four considerations provided by the court this time should be the key measure of discretion. .

But other than that, for example, there is the process of giving birth and raising children. Should this social value be certain?

In addition, should we consider the health of both parties?

What kind of social effect will be caused after another compensation may also need to be considered.