The Study Of Human Capital Problem In Marriage Relation

Since the twenty-first century, Social life has changed rapidly and profoundly. With this change, new situations and problems in various fields constantly emerged. In recent years, in marriage and family field, human capital problem in marriage relation has gradually become new focus. In China, current law lacks the provision for human capital problem in marriage relation. This leads to the difficulty to guarantee the rights of the party who mainly does housework and helps the other party gain human capital, and the difficulty to solve the disputes caused by human capital problem in marriage relation. When our society has entered knowledge economy society, and human capital investment has been main investment direction of family, it is especially important to reinforce the study of human capital problem in marriage relation and work out corresponding law. By method of comprehensive analysis, the thesis defines the sphere of human capital in marriage relation, analyses the character of one party of marriage relation who gets human capital, introduces and analyses the theories of current human capital problem in marriage relation, puts forward my own legislative idea in order to find a rational way of divorce relief in solving human capital problem in marriage relation.The thesis consists of four parts:The first part is the statement of problem. It reveals the difficulty of legal settlement human capital problem in marriage relation encounters by introducing two cases. Our current law lacks the provision for human capital problem in marriage relation, and the lack of law is from the shortage of theoretical preparation. So the author thinks that it is necessary to strengthen the study of human capital problem in marriage relation from theory so as to promote the conduct of relevant legislation.The second part is human capital in marriage relation. It starts with study achievements of human capital abroad and connects the study achievements of China's scholars, and then defines human capital. The author thinks that human capital is the work ability which comes from investment and can bring permanent income for the users. The extension of this concept is very broad. In order to avoid the study objects too broad, the author will made an explicit definition of the sphere of human capital in marriage relation and limits the sphere to the period of during marriage, and one of the spouses uses common property or gets education, vocational qualification certificate or practicing certificate. The third part is the character that one party gains human capital in duration of marriage. It first introduces current academic theories and divides them into two theories of property theory and non-property theory, and then analyses property theory from theoretical basis and reason. By this analysis, the author proposes his own view—in favor of non-property theory and thinks: human capital is not a property as a skill and ability closely relevant with human body and can't be divided as common property of spouses in divorce. The key that solves human capital problem in marriage relation not lies in the division as a property, but in protecting the rights of one of spouses who bears more family obligations.The fourth part is the quest for relief method of human capital problem in marriage relation. It first separately introduces three relief method of divorce in comparison with human capital problem in marriage relation, and then reveals that China's current relief system of divorce is caught in the plight of relief. Then based on the above, the author raises legislative proposal: First, reform our current financial assistance system of divorce from applied conditions and payment of financial assistance expenses. Second, improve China's current financial compensation system of divorce from applied sphere and conditions, compensation contents and standards to solve human capital problem in marriage relation.