Analysis On Human Capital Compensation In Divorce

Under the background of knowledge economy society,society has entered the era of professional or qualification certificate,diploma,education and so on are more and more important to every member of society.Diploma and education,as a stepping stone,play an important role in people's choice of their ideal jobs.If academic qualifications or diplomas can not meet the working conditions of employers,they can not enter the ideal jobs.In this context,some new situations have emerged in judicial practice.Some divorce parties propose that during the existence of the marital relationship,one husband or wife has contributed to the other party to obtain a degree with joint property,or the other party has studied in the process of further study.Having provided greater assistance or made greater sacrifices,the contributing parties have asked the beneficiaries to give certain financial compensation in the event of divorce,and the people's courts have resulted in different judgments because of different understandings of the law in handling similar cases,This can easily lead to unfair judgment in the same type of case.In order to strengthen the study of this problem,make up for this legal gap,maintain judicial authority and ensure judicial justice,this paper takes the value of human capital at the time of divorce as the research object,on the basis of learning and drawing lessons from the previous experience.This paper studies the property system of husband and wife in China,defines the concept of human capital,combs the relevant theoretical research on the nature of human capital,and dissects it.This paper analyzes the necessity and importance of compensation for the contributor of human capital in our country at the present stage,and draws on the advanced experience suitable for the national conditions of our country by combining the legislative provisions on how to deal with human capital in divorce in foreign laws.Based on the social reality of our country,this paper puts forward some legal suggestions to solve the problem of human capital value in divorce in our country.This paper is divided into four parts.Starting with the general problems of human capital value,this paper first expounds the basic problems of human capital,analyzes the concept of human capital,and expounds the characteristics of obtaining human capital during the existence of marriage relationship.On this basis,then analyzes the theoretical debate about the nature of human capital in divorce,mainly analyzes the two theories,and puts forward their own views.Secondly,it explores the necessity and importance of compensation human capital contributor,and puts forward the defects of the legislative provisions of our country.By thinking about the lack of regulations on the value of human capital in the legislation of our country,we can draw on the advanced classics of relevant foreign legislation and judicial practice.In combination with the national situation of our country,this paper proposes thelegislative proposal of compensation of human capital value during divorce,promotes the fairness and justice of property division during divorce,truly protects the rights and interests of weak persons,alleviates the contradiction between families,and maintains social peace and stability.