Divorce Relief For The Contribution Of Human Capital In Marriage

In recent years, the relationship of human capital has aroused a heated discussion in theory and practice. The current "Marriage Law" does not clearly recognize special personal assets like educational background and occupation qualification certificate. It also does not recognize whether these asserts belong to the common interests of the marital income. However, regarding the reality of divorce cases, there are many requirements for a paper certificate and division of property demands, which restrict a suitable legal basis for the referee.Diploma, occupation qualification certificate and license are actually the carrier of the external manifestation of human capital. Actually they represent the knowledge and ability of the holder. Discussing the nature of human capital in marriage, its essence is not whether it is clear that this kind of capital is the property, but it is a correct understanding of the problem of interest imbalance caused by the investment of human capital. In the cases of divorce, human capital accumulation, the other party has paid too much housework for the family and give up the better career opportunity interest, the contribution of the parties may fall into economic difficulties and employment pressure after the divorce. Therefore, the correct understanding of the nature dispute of human capital in the marriage relationship, and the search for a suitable way to deal with these cases, is particularly important for both theory and practice.Taking the nature of relationships between human capitals as the breakthrough point, the author puts forward that the key point is to recognize the reason of one party obtains the human capital to cause the divorce both sides benefit to balance and causes, caused by the life ability and economic life status. This thesis realizes the value of household labor party to fairly make up for the loss of occupation opportunity. Meanwhile, it proposes certain suggestions and assumptions of legislation through the study of domestic regulation of marriage relationship and the relative legislation of human capital. It aims to the reasonable allocation of both husband and wife with regard to their rights and obligations.Based on the above ideas, this paper is divided into four parts as follows:The first chapter is the first question of divorce relief for the contribution of the human capital in marriage. First it introduces the origin and development of the word "human capital", especially its connotation and extension. It aims to provide the literature review. And on this basis, this chapter has made the definition of human capital in marriage. Then analysis the nature and the different deal views of the human capital. Although these two views commonly refer to the related problem of human capital, their standpoints are quiet different. The view of "property" bases on the common property of both husband and wife. It is regarded as a positive procedure of husband and wife’s gained property. However, the "non-property" view bases on divorce right relief. Its essence is to focus on the evaluation of human capital investment value of labor services contribution and the attention caused by the sacrifice of market value and the decreasing personal career opportunities, which is a negative action to provide assistance for the weak party. This article agrees with the practice of negative treatment.The second chapter discusses the basis of divorce relief for the contribution of human capital in marriage. On the basis of the first chapter, the root of the problem is introduced. Demonstration relief foundation was due to the promotion of human capital is based on the contribution of the other party. Contribution party will cause the loss of two parts:the first one is the loss of the excess of housework to get a reasonable evaluation; the second loss is the loss of time and energy to pay the loss of career opportunities. Therefore, it is suggested that the reasonable appraisal of divorce relief system, the recognition of the contribution of housework value, and the fair remedy of the interest loss of career opportunities are beneficial to the fairness of Marriage Law and freedom of divorce.The third chapter is the relevant provisions on the divorce relief for the contribution of human capital in marriage. This part first briefly introduces the two major systems and the principle of the relief of interest imbalance in China’s marriage law, and puts forward the existing problems in the application of human capital in our country. At the same time, the effects of foreign related legislation analysis, found in many countries for divorce on both sides of the economic capacity and the difference of life, are corresponding remedies, enlightenment. Our country should pay attention to the relations of marriage in the changes of human capital.The fourth chapter is the perfection of the divorce relief system for the contribution of human capital in marriage. In view of the causes of unbalance of the human capital in the divorce relief, one is family human capital specificity disappears; to consider housework evaluation to improve the economic compensation system of divorce. The second one is certainly impairment of the human capital market, to consider the use of foreign help raise system to improve the existing economic assistance in divorce system.