Worker's Compensation System and Rules for Conversion of Personal Property of Spouses in Divorce Proceedings

DOI

10.2991/978-2-494069-89-3_229How to use a DOI?

Keywords

Family law; marriage law; workers’ compensation; domestic and foreign differences study; divorce proceedings

Abstract

This study examines the significance, theoretical underpinnings, and associated doctrines of China's domestic labor compensation system. It also studies the domestic labor compensation systems of important foreign nations and draws inspiration from them to enhance China's system. Then, we examine the actual state of China's domestic labor compensation system, as well as its legislative shortcomings and root reasons, and offer workable legislative recommendations for enhancing it. The first section provides background information, discusses the topic's relevance to daily life, and highlights the opinions of some domestic and international intellectuals on the domestic labor compensation system using examples from various works of literature. In the second section, the system is described, the ideas are sorted out, the many philosophies of the domestic labor compensation system are examined, and the importance of creating a perfect domestic work compensation system is briefly discussed. The third section examines the domestic labor compensation systems of significant foreign nations and takes inspiration from them in order to improve the system. The fourth section examines the flaws in the application procedure and addresses the reasons why domestic employment in China is imperfect, using the actual remuneration for domestic work in China as a starting point. The fifth section elaborates legislative solutions to address the shortcomings of China's domestic labor compensation system from many angles, including application and compensation methods, using the aforementioned analysis as its foundation. Wu Changzhen reveals the actual implementation of the domestic labor compensation system in China at the time in his essay “The Implementation of the Marriage Law” through empirical research. In order to support the claim that there are not many matrimonial property agreements and, consequently, very few couples qualify for the domestic labor compensation system, he collects survey data on the implementation of the matrimonial property system, primarily in Harbin City, Heilongjiang Province. It seems sense to propose broadening the system’s application possibilities. Wang Goya refers to this system under the Marriage Law as the domestic work compensation system. Wang Goya thinks that this system has a deep meaning of emancipating women and promoting gender equality in a particular social context. It also aims to relieve the interests of housewives under the contractual separate property system and improve their status in family life and society. Li Hongxiang explains in his work the function of the divorce financial compensation system (also known as the domestic work compensation system), which enables one party to make a claim for compensation for the loss of interests when they fully support the other party in obtaining certain interests or give up their time and energy to help the other party acquire more interests during the marriage.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Lingyun Xie
AU  - Jiarui Zhang
AU  - Nan Duan
AU  - Xiaochen Liu
AU  - Chunyu Wu
AU  - Yitong Ge
AU  - Jialin Liu
AU  - Yanru Shen
PY  - 2022
DA  - 2022/12/30
TI  - Worker's Compensation System and Rules for Conversion of Personal Property of Spouses in Divorce Proceedings
BT  - Proceedings of the 2022 5th International Conference on Humanities Education and Social Sciences (ICHESS 2022)
PB  - Atlantis Press
SP  - 2008
EP  - 2013
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-89-3_229
DO  - 10.2991/978-2-494069-89-3_229
ID  - Xie2022
ER  -