家庭类别视野下家务劳动补偿制度的法律建构

The Legal Construction of A Compensation System for Housework against the Family Category

共同财产制家庭、分别财产制家庭以及两代复合家庭中,均应当确立家务劳动补偿制度。地区年度服务业平均工资可作为家务劳动补偿金的计算标准。在共同财产制和分别财产制家庭中,权利义务主体是夫妻双方。家务劳动量可认定为一方完全家务、主要家务、次要家务或夫妻同等家务。夫妻双方共同签署的家务承担情况证明,可作为家务补偿请求权的证据。分别财产制家庭的家务补偿请求权在婚内和离婚时均可提出。两代复合家庭中权利主体是承担了家务劳动的老人,义务主体是老人的成年子女夫妻或成年子女,老人承担家务期间成年子女夫妻之间不再有家务劳动补偿关系。

The families that follow common property system and respective property system and the blended families with two generations living together should establish the system of housework compensation system. The locally annual aver- age wage of service industry can be adopted as the standard of the housework compensation in calculation . In the families based on common property system and the families based on respective property system, the subject of fights and obligations is the couple; housework quantity can be identified as housework done fully by one party, main housework, secondary housework or the same chore for the couples; the certificate signed by husband and wife on housework can be used as proof of the housework compensation claim; the right of claim of compensation for housework in the families based on respective property system can be put forward within marriage and at divorce. In the blended families based on two generations, the subject of rights is the aged who undertake the housework, while the subject of obligations is the spouses of the seniors＇ a- dult children or the adult children themselves ; there is no longer any housework compensation relationship between husband and wife while the seniors in the families undertake the housework.