《民法典》背景下离婚家务劳动经济补偿之适用范围与标准

The Scope and Standards of Application of Economic Compensation for Domestic Work in Divorce under the Background of the Civil Code

摘要: 《民法典》婚姻家庭编第1088条对作为离婚救济制度之一的家务劳动补偿作出修改，增加当事人自愿协商的条款，改变了约定分别财产制的请求权基础，完善了前《婚姻法》中适用该规定的局限。然而在协商不成、由法院裁判的前提下，家务劳动经济补偿的适用范围与标准仍不明晰。本文在婚姻家庭的视角下，从《民法典》第1088条入手，重点讨论家务劳动经济补偿的适用范围和标准，认为家务劳动的主体范围不应局限于法律法规中已经列举出来的部分，应对法律规定作超出字面的解释。法院在确定具体补偿标准的情况下还需充分考虑家务劳动的时间、强度、家庭经济情况、双方信赖利益等因素，由此作出最恰当的判决。

Abstract: Article 1088 of the Marriage and Family Part of the Civil Code modifies the domestic work compensation as one of the divorce relief systems, adds the clause of voluntary negotiation between the parties, changes the basis of the claim right of the agreed separate property system, and improves the limitation of the application of this provision in the former Marriage Law. However, the scope and standard of application of economic compensation for domestic work are still unclear in the case of failure of negotiation and judgment by the court. From the perspective of marriage and family, this article, starting from article 1088 of the Civil Code, focuses on the scope and standard of economic compensation for domestic work, and holds that the subject scope of domestic work should not be limited to the part listed in laws and regulations, and the legal provisions should be interpreted beyond the literal meaning. When determining the specific compensation standard, the court should also fully consider the time and intensity of domestic work, family economic situation, trust interests of both parties and other factors, so as to make the most appropriate judgment.