The Couple's Joint Property Of Human Capital Research Segmentation Problem When Divorce

Since the reform and opening up, along with our country's rapid economic development, people having property no matter from quantity or species to see compared with past has made a big difference, the scope of the couple's joint property is changed.Marriage law(1980)was modified,Judicial Interpretation(2001) and Judicial Interpretation(2004) were put in force,but it has no specific clear, the significance of the couple's joint property is only for the couple's joint property of the limits of the rules.As people's material life level gradually improved, more and more families to pay more attention to degree, licenses skills and qualifications, making the investment of human capital accumulation in the family plays a more and more important role. And in marriage law and judicial explanation, didn't involve degree, licenses skills and qualifications. But in practice, often appear whether based on degree, license as the couple's joint property is divided, and processing the dispute cases that the results are often make sacrifices party cannot get reasonable compensation, this is very unfairThis paper argues that shall determine the ownership of human capital, applying scientific method, evaluated for its economic benefit, determined and shall incorporate it into the couple's joint property category. Only in this way can we guarantee the lawful property of husband and wife people's court deals with rights and interests and raise the quality of divorce cases of social life, promote stability and unity and the smooth progress of the construction of social economy and realize the real fairness and justice.Besides preface and conclusion,This article is divided into five parts.Preface briefly introduces the introduction to choose a background and significance of writing.Part 1:This section describes the two different case, namely, China and the United States about degree, a license in the different processing methods when the divorce.Part 2:Marital property system, the couple's joint property and human capital concept and identified and our marriage law about the provisions of the marital property division. First introduces marital property system, the couple's joint property and the concept, the characteristic of human capital, and carry on the classification. On this basis, the clear degree, licenses human capital should belong to the couple's joint property.Part 3:Abroad in about the couple's joint property of human capital segmentation and relevant regulations. This section describes the United States, France and Australia about human capital intersected different provisions, based on the comparison and analysis on them.Part 4:The couple's joint property of human capital in the necessity and feasibility analysis divisionPart 5:Perfect husband when the divorce human capital segmentation system suggestion.First of all, you should clear human capital segmentation legislation; Secondly, establish the human capital segmentation principle; Finally, formulate the evaluation mechanism of human capital, to determine the value of human capital, and achieve the purpose of reasonably separable.