Empirical Research on Article 1088 of the Civil Code: The Divorce Domestic Labor Compensation System

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 womens 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.