The Study Of Shareholder's Labor Capital Investment

The new company law loosens the control to the form of investment. Sharestock's rights and creditor's rights becomes the new forms of investment. But thelegislation position of the labor capital investment is still not clarified. Theadministrative statute modified synchronously even exclude definitely the laborcapital investment. This is against the concept of investment promotion in the newcompany law. For a long period of time, the game participants for building thecompany rules has been repeating a single concept, that the company's capital is theassurance for the tender to its liabilities. But recently it has been doubted that towhich extent the capital has played it's role for the assurance function. People hasrealized that the system of company credit built on the core of capital can hardly playthe role for protection of the debtee's interests and the public transaction safety. Theability of the company to tender its liability is not based on its registration capital, buton its real capital status. The concept of company's capital credit is thus built up andexpanded. Based on this new concept, it is also no longer necessary for thelegislation to maintain the original regulation for the investment object that is stiff,inflexible and limited. To loosen the government's control and to encourageinvestment freedom, it becomes a best choice for expanding the shareholder'sinvestment form and making it multi-lateral. Thus the labor capital investment is bornin the development trend of shareholder investment form's multi-laterality. But it hasbecome a puzzle which can hardly been escaped in the study, that whether the laborcapital investment is theoretically practical, and that how to utilize it in the realpractice. The reason is that, firstly, there is an ambiguous understanding to the conceptof labor. Even if the territory of investment is mentioned, people still often mix up theconcepts of labor force, labor, crafts and human resource, and use them in the crossed fields. Secondly, people tend to defend the stubborn concepts of capital credits. Inorder to realize the so-called assurance from the company's capital and the protectionto the debtee, they never dare to break the existing rules. So this article starts thediscussion from the clarification of the labor's concept. It studied some concepts suchas labor force, labor, crafts, human resources, and discriminated the labor capitalinvestment from several similar concepts. It doubted the reason to restrict the laborcapital investment. It studied the necessity of iabor capital investment using acomparison analysis method. It anatomized the condition of, and demonstrates thefeasibility of the labor capital investment. Upon comprehensively addressing thetheory of labor capital investment, it observed the legislation example abroad of thelabor capital investment and the domestic application experience of share holding byemployees. But this legislation application, which has restrictions in the shareholder'srights or the strict qualification of identity, still has a big gap to the real application oflabor capital investment. In the actual practice, there are various forms to elude thelabor capital investment, which has big risk due to the lack of legislation support. Butsuch demands do exist in the actual practice. And it is also not possible to avoid thelegislation. So this article analysis the legislation trial of the labor capital investmentin the local small scopes. Finally, it had made a trial to summarize the legislationstructure for the labor capital investment.