Research On Economic Compensation Of Human Capital In Divorce Cases

The original purpose of the domestic worker compensation system is to compensate for the loss of the interests of one party to the marriage in order to maintain the operation of the family.Housework is distinct from general social work,which usually exists within the family and causes its market characteristics not obvious and neglected.Contemporary social market competition is fierce.In the final analysis,lies in the competition of talents.With the development of the society,one’s knowledge level and professional skills gradually become the core elements in the market competition.Each person accumulates his own human capital through learning and training,and only by relying on these human capital can he be better protected from being removed in the market competition.In recent years,the divorce rate has been rising.The disintegration of marriage and family relationship is accompanied by realistic problems such as child support,property division and so on.Among them,the issue of family labor compensation for one spouse has gradually appeared in the public field of vision.Based on the protection of the interests of the disadvantaged groups in divorce,the relevant system of divorce relief is clearly stipulated in the legal provision,including divorce damage compensation,divorce economic assistance and divorce economic compensation system.The establishment of efficient compensation system for divorce is the recognition of the value of housework.Since its establishment,the system has had little effect.How to compensate for housework for human capital formed by one party during marriage does not participate.Improving the relevant provision of this system can promote the protection of citizenship and interests and social stability.It can also play a guiding role in the calculation and segmentation of different types of property.This paper studies the domestic worker compensation system and the divorce economic compensation system in China,explores the differences between domestic work and general social work,and expounds the value of domestic work from theperspective of economics and society.Secondly,it analyses and defines the related concepts of human capital,for the marital relationship.The nature of human capital rights and disputes over its ownership is discussed.Finally,through the investigation of judicial practice in China and foreign experience,problems are found and suggestions are submitted.It focuses of this paper is to summarize and integrate the calculation criteria and methods of economic compensation for human capital formation in marriage.On this basis,the author further puts forward his own suggestions by using economic analysis of law and other methods,and clarifies the measurement criteria of monetary compensation.