A Study on the Reasonableness of Housework Compensation from a Comparative Law Perspective
Miao Chungang *
Department of Political and Law, North China Electric Power University, Baoding, Hebei, China.
*Author to whom correspondence should be addressed.
Abstract
Traditional family relationships in law are characterized by patriarchy, where women's housework is a natural division of labor. In contemporary society, both China and Western countries emphasize the reasonableness of housework compensation from theoretical and institutional perspectives. From a comparative law perspective, China's housework compensation system, based on recognizing the value of housework, was officially established after several amendments to the Marriage Law. This legislative evolution is intertwined with changes in legal approaches to resolving marital disputes. The recognition of housework compensation in foreign laws varies due to differences in legal values and legislative traditions, represented by the German and American legal systems. German law, as a representative of the civil law system, adheres more to the employment theory in marital relationships, while American law views marriage more as a partnership. From a legislative perspective, the analysis of the reasonableness of housework compensation in Chinese law should be conducted in the context of the joint property system of spouses. The analysis path should consider the changes in the approach to resolving marital disputes in recent years. Divorce cases have shifted from the value orientation of divorce freedom to a judicial approach that appropriately returns to the family principle. This change in judicial values will in turn affect the perception of housework compensation.
Keywords: Housework compensation, joint property system, divorce relief