论婚内人力资本贡献方的离婚救济-民商法学专业论文.docxVIP

Divorce Divorce Relief for the Contribution of Human Capital in Marriage Graduate：Feng Jiashi Supervisor：Li Yanmei Specialized：Civil and Commercial Law Direction：Marriage Law Grade：201 3 Abstract In recent years，the relationship of human capital has aroused a heated discussion in theorv and practice·The current”Marriage Law”does not clearly recognize special like personal aussets emlcatlon甜background and occupation qualification certificate．It also does not recognize wnether the8e asserts belong to the common interests of the marital income．However，regarding the reaJlty of divorce cases，there are many requirements for a paper cenificate锄d divisl’on of property demands，which restrict a suitable legal basis for the referee． D1ploma,occupation qualification certificate and license are aCtuaJly tlle camer of the extemaJ m锄1festation of human capital．Actually they represent the knowledge and ability of the holder．Discussing the nature of human capital in marriage，its essence is not、Ⅳhemer it is clear that this kind of capital is the property,but it is a correct understanding of the problem of interest 1mbal眦e c8u∞d by the investment of human capital．In the cases of divorce，hulllaIl capital acc啪ulatlon，the other party has paid too much housework for the family and give up the better care钉opportunity interest，the contribution of the parties may跚1 into economic difficulties锄d empJoymenI pressure after the divorce．Therefore，the correct understanding of the natl】re dispute 甜nulllan c印ital in the marriage relationship，and the search for a suitable way to deal埘m tllese cases，is particularly important for both theory and practice． Taking the nature of relationships between human capitals as the brem泔u．0u曲poim，tlle author puts forward that the key point is to recognize the reason of one par哆obtains the h啪a11 c印1tal to cause the divorce both sides benefit to balance and causes，caused the life by ability alld economlc life status·This thesis realizes the value of household labor