Research On Human Capital Property Division In Divorce

There is no "Human Capital" in our marriage law,but due to the limitation of our divorce relief system,many contributing spouses in judicial practice can not get reasonable and adequate compensation.Based on the theoretical achievements of previous generations,this paper discusses and analyses that the human capital acquired by one spouse during the marriage should be included in the common property of the husband and wife,such as degree certificate,post certificate,etc.and be divided according to the contribution to the change of human capital.Firstly,from the two cases at home and abroad,the author defines the human capital in the common property of couple,and discusses that human capital should be regarded as the common property of couple through rationality analysis and necessity analysis.Secondly,through analyzing the limitation of the divorce relief system of our country's three marriage laws,it is pointed out that the remedy of our country's divorce system to the contributor of human capital is insufficient.Thirdly,in the view of the other countries and regions to the marriage during the value of human capital treatment,analysis its reference and enlightenment to our country.Finally,the paper puts forward the principle,scope and payment way of the division of one spouse's support for the other human capital during marriage,so that the compensation to the contributor of human capital in marriage can be reasonably and practically fair.