Research On The Human Capital Compensation Mechanism Of Marital Divorce

With the continuous increase of the divorce rate in my country in recent years,disputes over the division of divorce property have become one of the most important content in family divorce cases.Among them,under certain circumstances,the human capital is obtained and promoted during the life of the husband and wife together.In the case of divorce,this part of the human capital will also become the object of the parties’ request for division.Human capital is a kind of survival ability that meets the requirements of the current society formed by laborers through investment in time,money,energy,etc.It is manifested in the knowledge,skills,experience and even health of the laborers.The key to resolving the human capital dispute of a couple’s divorce lies in recognizing the imbalance in their living ability and economic status caused by the difference in human capital investment and benefits.The beneficiary’s human capital has been improved in the marriage life,and the contributor not only has undertaken more housework,and its own human capital has declined,but also the expected benefits of sharing the beneficiary’s human capital to increase future benefits at the time of divorce have also suffered losses.Therefore,how to deal with the human capital acquired and promoted qualitatively and judicially during the married life of a couple has become a difficult problem in judicial practice,and it is also a hot issue discussed in academic circles.Since human capital has the characteristics of personal attachment and value changes,whether it should be included in the concept of civil law property and be divided in the case of divorce,academic and domestic and foreign judicial circles have formed two "property theory" and "non-property theory" kind of view.Since the "property theory" requires a quantitative valuation of the future income after the improvement of human capital,there is currently no scientific evaluation method.Therefore,most academic and practical circles tend to favor contributors in divorce as advocated by the "non-property theory".Remedy for compensation.The author believes that with social development and conceptual changes,it is necessary to understand the value of human capital in marriage relationships more rationally.It may be difficult to solve this problem only through my country ’ s existing divorce relief system.Therefore,a complete and effective couple’s divorce should be constructed.The human capital compensation mechanism is very necessary.Specifically,we can learn from the relevant judicial experience of foreign countries in solving such problems,and combine our country’s existing legislative foundation and judicial experience,and affirm the contributor’s housework and other contributions in the legal system to relieve the divorce caused by the contributor.The human capital expects the loss of interest,so as to achieve the protection of the balance of interests between the spouses in the marriage relationship.This article uses literature research method,case analysis method,comparative analysis method and other methods to analyze and explain the question of how to deal with the human capital acquired during the marriage.The article is divided into four parts.The first part gives a comprehensive introduction to the disciplinary concepts and characteristics of human capital,to pave the way for the development of subsequent questions,and to limit the time and conditions of the human capital of couples who need legal relief during divorce.Avoid being too broad and remedy abuse.At the same time,the relevant theories of the marriage system and the human capital obtained during the marriage are analyzed and qualitatively determined,and the subsequent problem solving can have a theoretical basis.This article believes that human capital during marriage is difficult to be included in the concept of property in civil law,but the contributor ’ s loss of interest should be compensated from the perspective of compensation.The second part discusses in detail the necessity and feasibility of constructing a divorce human capital compensation mechanism in our country.Due to the needs of judicial practice and the insufficiency of our country’s existing divorce relief system,it is necessary to construct a divorce human capital compensation mechanism in our country.Labor compensation and expected benefit loss compensation are the relief path to discuss the feasibility of constructing the system.The third part introduces the foreign experience of compensatory supportism in the United States,divorce damage compensation in France,restorative divorce support system in Germany,and divorce pension system and divorce pension division system in Japan.Through the analysis of the foreign divorce relief system,by comparison,it is hoped that the stones of other mountains can be used for jade,and provide a reference for constructing the human capital compensation mechanism of divorced couples in our country.The fourth part elaborates the author’s opinions and suggestions on the construction of my country’s divorce human capital compensation mechanism.Adhering to the principles of autonomy of will,equality of status and caring for the woman’s children,the scope of application of my country’s existing divorce relief system can be appropriately expanded,and the expected benefit compensation standard can be clarified.And other methods to construct our divorce human capital compensation mechanism.