Communications in Humanities Research
- The Open Access Proceedings Series for Conferences
Communications in Humanities Research
Vol. 16, 28 November 2023
Open
Access | Article
Empirical Research on Article 1088 of the Civil Code: The Divorce Domestic Labor Compensation System
* Author to whom correspondence should be addressed.
Abstract
With the development of society and the increasing average educational level of women, the division of labor within families and society should be redefined. However, due to the influence of traditional Chinese culture and long-standing customs, the majority of people still adhere to the idea of men being breadwinners and women being responsible for domestic duties.This contradiction in societal perceptions results in various social issues, such as a rise in women’s reluctance to marry, an increase in divorce rates, and a decline in birth rates. Among these issues, domestic labor plays a significant role in family dynamics. In response to this, Article 1088 of the Chinese Civil Code has been updated to elevate the importance of domestic labor in society, particularly in the context of divorce and the compensation system associated with it. However, through an analysis of 228 legal judgments, the author believes that there are certain problems with the formulation of Article 1088, which prevent it from achieving its legislative intent, i.e., providing protection and benefits for those burdened with significant domestic labor responsibilities. The author suggests that the domestic labor compensation system and its related regulations still require further improvement. Drawing comparisons with similar systems in other countries, the author puts forward recommendations for the enhancement of Article 1088.
Keywords
economic compensation, divorce disputes, payment standards, divorce domestic labor compensation system
References
1. Fineman, Martha. The Myth of Autonomy: Dependency Theory [M]. Translated by Li Xia. Beijing: China University of Political Science and Law Press, 2014: 118.
2. in Mei. Understanding and Application Research on Divorce Economic Compensation [J]. Jiangsu Social Sciences, 2021(04): 130-138.
3. Xia Yinlan: “Modern Marriage and Family System in the United States,” China University of Political Science and Law Press, 1999 edition, page 1.
4. Xia Yinlan: “Modern Marriage and Family System in the United States,” China University of Political Science and Law Press, 1999 edition, pages 188-192.
5. Ran Qiyu. Research on Divorce and Custody System [M]. Beijing: People’s Publishing House, 2013: 45.
6. Zheng Lüfeng. A Brief Discussion on the Divorce and Custody System [J]. Journal of Henan Institute of Judicial Police Officers, 2016(3): 85-87.
7. Liao Yuhang. Estimation of the Value of Household Labor [J]. Statistics and Decision, 2018(8): 38-42.
8. Song Ping. Reflections on the Alimony System for Divorced Couples [J]. Rule of Law and Society, 2015(5): 43-44.
9. Fineman, Martha. After Many Years, Equality Still Not Achieved - Debates on Civil Rights, Autonomy, and Gender Rights [J]. Translated by Wang Xinyu. Comparative Legal Studies, 2014(3): 165-174.
10. Li Jun. Research on the Divorce Relief System [M]. Beijing: Law Press China, 2008: 23.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).
- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-165-0
- ISBN (Online)
- 978-1-83558-166-7
- Published Date
- 28 November 2023
- Series
- Communications in Humanities Research
- ISSN (Print)
- 2753-7064
- ISSN (Online)
- 2753-7072
- DOI
- 10.54254/2753-7064/16/20230113
- Copyright
- 28 November 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited