离婚损失补偿制度分析——以夫妻人力资本的损益变化为视角-analysis of divorce loss compensation system - from the perspective of the changes in profits and losses of husband and wifes human capital.docxVIP

合契约解除后补偿信赖利益损失的法理逻辑，而且符合法经济学的科斯定理、专有投资保护和成本收益理论以及法对正义、效率的追求，即从多个角度对离婚损失补 偿这一设想的正当性进行了论证。第四章是离婚损失补偿制度主要规则的探讨及其与我国相关制度的调和。根据 前述法理逻辑，首先探讨了离婚损失补偿制度的构成要件、抗辩事由以及补偿方式 和补偿数额，然后将其与我国相关制度进行了调和，认为离婚损失补偿与现有之离 婚经济补偿、离婚损害赔偿和离婚时的财产清算可以独立协调起来，同时应修正离 婚经济帮助的适用情形，针对离婚后的生活困难者，建立“救助”与“补偿”并存 的二元救济机制，即为设想的实施勾勒了一个大致方案。结语部分对论文写作的结论和意义以及创新与不足做了简要归纳。 关键词：人力资本；婚姻解除；损失补偿AbstractWith the rising of the knowledge economy, the role of human capital in social production has gradually outstripped physical capital and become the vital interests that influenced peoples production and communication behavior. It is very much worth incorporating into all kinds of legal norms, especially in the sector of marriage. Because of bisexual differences in physics and the needs of social production, there’s a widespread phenomenon in marriage life that is the division of labor in market and housework. With the accumulating over a long period, the couple’s human capitals are bound to have profit or loss changes, which can led to the difference of life after divorce and the poverty of the party who has long engaged in housework. For this issue, on the investigation of the legislation of the countries like France, Germany, United Kingdom, the United States and etc, divorce relief system such as “monetary payment” “compensatory payment” and “divorce spousal support” are found to be established in many of them. But due to the lack of knowledge of human capital, there hasn’t been a unified, rigorous theoretical basis to support the institution. Hence, by comparison, I believe that the current understanding and description of spousal support after divorce should be amended by building a separate divorce loss compensation system to provide proper and reasonable relief to the divorce party who had market human capital loss in marriage life.There are three parts: introduction, body and conclusion in this thesis, of which the body is divided into four chapters.The introduction states the institution of marriage, especially t