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由于家务劳动的直接获益者是劳动者本人及其家属,因此长期以来家务劳动都被视为一种家庭内部事务,它的经济价值也一直为人们所忽略。我国2001年《婚姻法》第四十条首次承认了家务劳动补偿请求权,这对于维护家庭中从事家务劳动一方,尤其是女性一方的权益有着十分积极的意义。但《婚姻法》对家务劳动补偿制度的规范尚有不足,制度构建过于笼统,司法操作性不强。本文就家务劳动补偿制度存在的问题进行了思考,以期提出完善相关立法的建议。
Since the direct beneficiaries of housework are the laborers themselves and their families, the domestic labor has long been regarded as an internal affair of the family and its economic value has always been neglected. Article 40 of China’s Marriage Law of 2001 first recognized the right to claim compensation for domestic work for labor for a long time, which is of great positive significance for safeguarding the rights and interests of one of the family’s domestic workers, especially the female one. However, the “Marriage Law” has not enough standardization of housework compensation system. The system construction is too general and the judicial operation is not strong. This article has carried on the thinking to the existing problems of housework labor compensation system, in order to put forward the suggestion that consummates the related legislation.