STM Article Repository

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.