《民法典》背景下家务劳动补偿制度法律适用研究

Research on Legal Application of Domestic Labor Compensation System under the Background of Civil Code

家务劳动补偿是我国离婚救济的重要组成部分,在我国《民法典》中再次通过立法的方式肯定了家务劳动补偿制度存在的重要价值。这有助于真正实现性别平等、提高我国的结婚率和生育率以及有助于维护社会秩序,但是家务劳动补偿制度目前在司法适用中仍然存在一些问题,比如说家务劳动补偿的数额的确定,家务劳动补偿申请时间以离婚时为前提是否过于严苛等。对此,应当明确数额的确定首先应当以当事人意思自治优先,同时综合考虑多种因素等最终确定家务劳动补偿的数额,对于家务劳动补偿的申请时间进行适当延长,以配合家务劳动补偿制度发挥自身效用,以期更好地发挥家务劳动补偿制度的作用和实现其价值。

Domestic labor compensation is an important part of Chinese divorce relief. The important value of domestic labor compensation system exists in the legislative way again in Chinese Civil Code. This is conducive to realizing gender equality, improving the marriage rate and fertility rate in China, and maintaining social order. However, there are still some problems in the judicial application of the compensation system for household work, such as the determination of the amount of compensation for household work, and whether it is too strict to apply for the compensation at the time of divorce. In this regard, it should be made clear that the amount of compensation should first be determined based on the autonomy of the parties concerned, and at the same time, the amount of compensation for housework should be finally determined based on comprehensive consideration of various factors. Meanwhile, the application time of compensation for housework should be extended appropriately, so as to cooperate with the effect of the compensation system for housework, in order to better play the role of the domestic labor compensation system and realize its value.