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婚姻法司法解释三施行以来,大家关注焦点基本都集中在房产处理上,尤以女性朋友们反应最大。纷纷哀叹“女人为家庭辛勤操劳几十年,要是没房产,一旦离婚,什么都没了。”家事劳动评价这个旧话题又被提及。根据我国国情与目前大量存在的家庭雇主与雇员之间的信任危机,家事劳动对于维系家庭生活正常运作中的作用仍是不可忽视的,因此家事劳动的价值应得到评价。但是目前家事劳动评价往往与夫妻财产制相联系,我国目前实行的法定财产制是婚后所得共同制,该制度的前提是夫妻身份而非夫妻协力,使得家事劳动评价在某些情况下会得到不当解释,本文意在对这些问题进行研究分析。
Since the implementation of the judicial interpretation of the Marriage Law, we have focused on the basic focus on the handling of real estate, especially female friends, the most reaction. Have lamented “a woman worked hard for the family for decades, if no real estate, once the divorce, nothing. ” The old topic of family work evaluation was mentioned again. According to China’s national conditions and the current crisis of trust between the large number of domestic employers and employees, the role of housework in maintaining the normal operation of family life can not be ignored. Therefore, the value of housework should be evaluated. However, at present, the evaluation of housework is often linked with the system of property of husband and wife. At present, the statutory property system practiced in our country is the common system of marriage income. The prerequisite of the system is that husband and wife status, not husband and wife work together, Improper explanation, this article is intended to analyze these issues.