Women's full -time baby with a full -time divorce compensation 100,000 was too low, how can the full -time wife divorce compensation calculate fair?

Recently, the topic of "women with a full -time full -time doll for ten years" caused heated discussions. According to a case issued by the officials of the Jinjiang People's Court of Fujian, a couple married in 2012 and gave birth to a daughter and one son. After the man prosecuted twice, the divorce was approved in 2021. The court ruled that the man paid the woman's divorce economy for 100,000 yuan.

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After taking care of the family's full -time housewife for 10 years, the average compensation compensation was 10,000 yuan a year. Some netizens think that the compensation of 100,000 yuan is more reasonable, and some netizens have talked about compensation too low, "it is better than a nanny."

Economic compensation is the more common demands of parties in divorce litigation, which is mainly concentrated in "housework". my country's Civil Code has expanded the scope of the scope of scope of compensation for the divorce economy and increased the specific measures for compensation. Article 1088 of the Civil Code clearly stipulates that if one of the couple has a lot of obligations due to the burden of breeding their children, taking care of the elderly, and assisting the other party's work, they have the right to request compensation from the other party during the divorce, and the other party shall give compensation.

Red Star reporters checked the China Truth Document Network and public information and found that since the implementation of the Liberal Code, the divorce litigation involved in the divorce economic compensation is not a case. For the average, the annual compensation is one to 20,000 yuan.

On September 27, Huang Qi, an associate professor of Law School of Shanghai Foreign Language and Law School and part -time vice chairman of the Shanghai Women's Federation, said in an interview with Red Star Journalists that on the one hand, the state should speed up the judicial interpretation of compensation standards and compensation amounts; on the other hand, There must be an institutional to protect the right to family property.

经济 There are already divorce economic compensation cases in many places, and the compensation amount is comprehensive consideration of local living standards, another economic ability and other factors

What are the criteria for the amount of compensation for the divorce economy? How to protect the rights and interests of the full -time party for the family sacrificing self -value?

According to incomplete statistics from Red Star Journalists, at present, Beijing, Chongqing, Urumqi, Pingxiang City, Jiangxi Province, Fuzhou City, Fuzhou City, and Taizhou City in Zhejiang Province all have a jurisdiction of divorce economic compensation.

In the jurisprudence announced by the People's Court of Tongzhou District of Beijing on September 22, the husband and wife have been married for more than 10 years and have a daughter. The man compensated himself and submitted an application for a 320,000 yuan of divorce economy compensation to the court. The man said that the amount was too high and he could not pay.

According to the court, Ma said that Ma said that he was a full -time housewife and had a lot of family obligations. Zhang also acknowledged the fact that "his wife assumes more housework such as children and care for the elderly." In the end, the court ruled that the man paid a divorce economic compensation of 80,000 yuan.

The judge said that the divorce economic compensation system, also known as the housework and labor compensation system, is based on the economic aspect of the interests of the contributor to the interests of the housework. The system and the divorce compensation system and the divorce economy help system together constitute the three major systems of divorce and relief. At the legal level, the situation of "more housework work" not only refers to the long -term nature of time, or the number of frequency and number of times, but also has certain requirements for labor intensity.

In the previous jurisprudence, when the court finally tried and determined the amount of compensation for the divorce economy, it would comprehensively consider factors such as the local living standards and the duration of the marriage relationship.

In August of this year, a couple in Jiangbei District, Chongqing City sued for divorce. His wife was a high -income group before marriage. Since his daughter was born and his mother, he resigned to raise his daughter and take care of his mother at home. Apply for certain economic compensation during divorce. The court comprehensively considering factors such as the length of the marriage relationship between the marriage relationship between the two parties and the energy of the family obligation, and determined that the man should give the woman a divorce housework for 150,000 yuan.

In the relevant jurisprudence of Urumqi City in February this year, the female party said that she had no job after pregnancy. After the child was born, she was a full -time mother. Compensation application. The court combined with the actual costs of the woman raising marriage and the degree of responsibility for housework, local living standards, and comprehensive factors such as pregnancy and fertility. 48,000 yuan.

According to a report from the People's Court, in the divorce lawsuit in 2021 in Beiyi District, Chongqing, the two sides have not been working for nearly 10 years, and the woman has not went out to work and took care of the family with a full -time family. When the woman sued the divorce, the man asked the man to give certain economic compensation. In the end, the court comprehensively considered the per capita disposable income of rural residents in Chongqing from 2015 to 2020, and combined with local life, education, medical level, and the actual economic conditions of the man, the amount of economic compensation was 120,000 yuan as appropriate.

Although the local courts finally determined that the amount of compensation for the divorce economic compensation varies according to the duration of marriage and the economic level and local living standards of the two parties, and the average annual amount can be found that it can be found in the range of 15,000 to 25,000. However, there are also less compensation received in individual cases. For example, in a divorce lawsuit in Taizhou, Zhejiang, the two parties have been married for 3 years. The woman believes that she has taken care of children and cooking housework, and has a lot of obligations. In the end, the compensation amount of the court's decision was 15,000 yuan, and the average marriage period was only 5,000 yuan per year. Regarding the issue of the amount of compensation for the divorce economy, Ma Yuzhen, a lawyer of Beijing Longan Law Firm, said in an interview with the Red Star Journalist that the amount of housework compensation can be referred to the standard of compensation for resignation. As a basic reference.

制 Experts: The judicial interpretation of divorce housework should be developed as soon as possible to ensure the right to family property of the full -time party

In Article 1088 of the Civil Code, the applicable criteria for compensation for the divorce economic compensation only mentioned that "the two couples have more obligations such as the husband and wife because of the childcare, taking care of the elderly, and assisting in the work of the other party. The other party should give compensation "and did not incorporate the loss of development opportunities for continuing work due to the full -time care of the family.

In the above -mentioned cases announced by the Jinjiang Court, the judge's judgment is "the defendant takes care of the family full -time, cares for children, and has more obligations in housework, causing the loss of personal development opportunities to a certain extent." "From 2011 to 2021, the average living standards in the region combined with the actual economic situation of the plaintiff Su and the defendant's extent for family labor."

On September 27, Red Star Journalists contacted Zhang Yonghui, a lawyer Zhang Yonghui, Zhejiang Hansing Law Firm, a member of the National Committee of the Chinese People's Political Consultative Conference, an associate professor at the School of Law School of Shanghai Foreign Studies University, and part -time vice chairman of the Shanghai Women's Federation. And how to protect the rights and interests of the full -time party conducted in -depth analysis.

Zhang Yonghui pointed out that in the existing judicial practice, most judicial jurisprudence only regards housework as a standard for compensation, and follows the principle of filling in, that is, the labor value paid by the full -time party. Therefore, such a jurisprudence also reflects two core issues: one is how to quantify the family obligations, and the other is how the value of housework is calculated. At present, these two problems have not been unified, mainly because "the sense of social existence at home is very low, the contribution to socio -economic development is small, and it is a way of labor without salary. cost".

In Huang Qi's view, such a jurisprudence involving divorce compensation is less than his legislative significance. According to the applicable criteria specified in the Civil Code, this compensation is limited to the housework of the full -time party, and the value of housework labor has not received enough attention. "Because the amount of compensation is minimal. If it is a judgment of such a amount, the full -time party may feel that the request has no meaning and value in the future, and the understanding of the value of the law is not reflected at all."

Huang Qi advocated a lot of measures for how to protect the rights and interests of the full -time party in marriage. On the one hand, the state's highest judicial organs should speed up the judicial interpretation of the compensation standards and compensation amounts, "it is also a way to make the party and the party who are preparing to pay full -time." On the other hand The right to know the property.

"The full -time one should know that during the common life, the wage income that you can get, and the growth of the individual related to your own dedication, the cause of the other party's career and the growth of family wealth, understand what you pay for in exchange for exchanges, What. "

Red Star reporter Wu Yang intern Wang Xiaolu Cheng Yichen

Edit Yu Dongmei Pengjiang

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