The Compensatory Study Of Human Capital Problem In Divorce Case

With the development of knowledge economy,.the human capital problem in marriage relations has gradually become a new focus in the field of marriage and family.Our current "marriage law" lacks the regulation of human capital in marriage relation,but in real life,husband and wife a party engaged in household labor to help the other party access to human capital and in their own interests cannot be protected this kind of situation.In certain degree,China’s current economic compensation system and the financial assistance system reflect the attention within the marriage relationship,but not sufficient.Because of China’s existing laws for human capital problem in marriage lax regulation,lead to a lot of divorce cases in real life involving human capital cannot be well solved.Within marriage are analyzed in this paper the nature of the human capital,defining the scope of marriage of human capital,through reasonable analysis of divorce relief system,must contribute the value of family labor party to pay,so as to give the corresponding economic compensation of its recommendations.Full text is divided into four parts.The first part,the nature and scope of human capital within marriage.It is of vital importance to solve the problem of human capital in marriage and to clarify the nature of human capital in marriage.The concept of human capital has a wide range of extension.In order to make the problem concrete,this paper mainly focuses on academic degree and vocational qualification certificate.There are two theories about human capital in marriage in China,namely "the theory of divided property" and "the theory of non-compensation".Marriage is not a property of human capital,property based on its properties cannot be split as husband and wife common property,economic compensation system of divorce to perfect the existing way to solve the problem of marriage in human capital is more appropriate,as a result,the property said of "compensation" has the rationality.The second part,the legal basis of the divorce relief provided by human capital in marriage in China.The essence of human capital in marriage relationship is the basis of this thesis.The divorce relief compensation for the human capital contributors in the marriage relationship is based on assisting the parties to engage in family work,taking care of the family,and losing professional opportunities and interests.This kind of human capital can be divided into two parts.One is the loss caused by the failure ofthe helper to be recognized for the value of doing household labor beyond his family’s obligations.The first is the loss of professional opportunity benefits for the helper.Through the improvement of the divorce relief system,the value of family labor should be affirmed and its contributors should be compensated financially.The third part,the third part is the problems of human capital relief in marriage.Typical cases can reflect the problems caused by the lack of the existing laws on human capital in marriage.There are mainly the following aspects: first,the domestic labor compensation system is relatively narrow in scope.Second,the exercise of the right of claim for divorce economic help in time and the ability of parties have strict requirements,its applicable scope is small,so can’t very well solve the problem of human capital within marriage.Third,the economic compensation system for divorce conditions demanding is only applicable under the property system respectively,in other words,if works in under the system of marital property,assist party loss cannot be fully compensated.Case at the same time reveals the common human capital problem in marriage is marriage couples a party engaged in household labor support each other in access to human capital,divorce their chores labor value and career opportunities interests loss cannot be compensated.The fourth part,the fourth part is the way to solve the human capital problem in our marriage relationship.China’s divorce economic compensation system and divorce economic assistance system have shortcomings in solving the problem of human capital compensation in marriage,which can be improved from two aspects.First,we will improve and reform the economic compensation system for divorce by taking the following measures to appropriately relax the scope and conditions of application and clarify the content and amount of compensation.Secondly,we should improve the financial assistance system for divorce by taking measures to properly relax the applicable conditions of the financial assistance system for divorce and to define specific compensation and payment methods.Third,the improvement of the domestic work system,the main measures to expand the scope of domestic work compensation,appropriate relaxation of the time limit conditions for domestic work compensation.