Study On The Legal Issues Of The Human Capital Investment In Limited Liability Company

The overall social-economic development cannot do without development of theenterprise；a enterprise needs core competitiveness in order to obtain the competitiveadvantage in the market economy. The core competitiveness reflected by enterpriseinternal staff skills and knowledge accumulation, that is the use of human capital.Human capital can create more surplus value for the enterprise, especially in thehigh-tech enterprises in technological innovation.The best incentive mode of human isto make the owner of human capital to become shareholders, the shareholders enjoy therights and interests of the company and the risk, become the true masters of thecompany. China is a rapidly developing country with a large population and rich laborresources, so it need to further explore human potential,to give the talented persondevelopment of space. Foreign legislation set less restrictive form for unlimitedshareholder, but it have different the choice of legislation for limited shareholder. TheAnglo American countries recognized the contribution of human capital, and set up thesupporting measures. The economic developed area of Shanghai Wenzhou has to trialhuman capital investment in high-tech enterprises. Legal lag and practice demandcontradiction in the development of enterprises, so the legitimacy of human capitalneeds to be solved.In this paper intent to analyze the feasibility of human capital of the Limited LiabilityCompany and difficulties, to identify the difference between human capital andintellectual property rights. Characteristics of the human capital are intangible, dynamicproperty. In the analysis of the feasibility of the human capital，I think Human capitalcan be used for capital contribution. In the end, the paper design the legal system ofhuman capital investment based on the advanced ideas of scholars at home and abroad.This system includes the evaluation of human capital system, capital responsibilitysystem and operating system. This paper argues that through the scientific evaluation,equity transfer limit to control human capital investment legal risk. The purpose of thispaper is to elaborated the human capital can be the same as other cash contributionmake it become a part of corporate capital, make it more convenient in the process, sothat it can balance the interests of all parties. The contradictions between the cracklimited liability and the human capital are beneficial to improve the company system.