The “Opportunity Cost”: Care Work Compensation from a Gender Perspective in China

Abstract

Asserting the value of care work within a family is not only a significant issue that affects the quality of marital life, but it also lays the groundwork for supporting the sustainable development of society and, ultimately, the country. Constantly, the theory of surplus value is employed to help understand the value of care work. However, it still lacks a macro-construction from a gender perspective. This article analyzes 15 judicial cases after introducing the Civil Code and compares the condition of application, the amount, and the factor considered in recognition of care work compensation under Chinese law. It concludes that in practice, the amount of compensation for care work remains relatively modest, with the division of the community property division heavily influencing it. At the macro level, the recognition of the economic value of the care work compensation must be emphasized from a gender construction. In contrast, at the micro level, a balance must be struck between the possibility of the other spouse benefiting from “the opportunity cost.”