Research On Compensation Of Human Capital In Divorce

In the era of knowledge economy,the source and structure of family property in China have changed.The diversification of property composition has brought new challenges to the identification of husband and wife's common property.Nowadays,many families look to the future,using the common property of husband and wife to support one party to improve human capital,such as studying for a doctorate,studying professional skills,etc.,while the other party tends to take on more family responsibilities.Even gave up career development opportunities.If one party files for divorce during study or when obtaining the corresponding certificate,in this case,if the property accumulated in marriage is less or not,the consequence is that the payer will face great employment pressure and life.A sharp decline in the level.At this time,if the contribution advocates the sharing of the benefits of human capital with the court,but because there is no direct legal basis,the court will generally make a decision not to support the request of the contributor,which is unfair to the contributor.Therefore,it is particularly important for theory and practice to correctly identify the nature of human capital and find a fair and reasonable way to deal with it.This paper is divided into five parts.The first part,through the introduction of two cases,leads to the problems existing in the practice of human capital in marriage,and puts forward some key issues,such as whether human capital belongs to property and how to deal with it in divorce.In the second part,the concept of human capital is explained,the research content is limited to diploma and vocational qualification certificate,and its applicable conditions are restricted in three aspects.Then this paper identifies the nature of human capital in marriage,and carries out a more detailed argument,so that the "non-property theory" is more reasonable.The third part is about the three kinds of divorce in our country.This paper introduces the relief system,analyzes their respective applicable conditions one by one,and analyzes the problems of human capital in marriage,and points out the shortcomings of the current divorce relief system in dealing with the problem of human capital.The fourth part,by introducing the divorce relief system of marriage human capital in foreign countries,analyzes the specific treatment methods of various countries,and draws lessons from its merits.The fifth part,starting from the current divorce relief system in our country,perfects the divorce economic compensation system and the divorce economic help system in our country,and separately carries on the feasibility demonstration analysis,and gives the more concrete legislative suggestion.In order to invest in husband and wife because of human capital.The imbalance of interests caused by entry is to find a fair and reasonable solution.