Analysis On The Shortage Of Human Capital Investment In The Company Law

Up to now, our country's Company Law still has not established a system for human capital investment. While the Company Law as amended in 2005 has expanded the scope and ratio of the investment for intellectual property rights, the necessary focus on human capital (in the form of technical and managerial inventiveness, but short of tangible form) is still lacking. The fundamental reason is the shortcoming and insufficiency of the design of capital system, and also the inconvenience brought upon by the unique nature of human capital itself. Under the new economic conditions, as modern enterprise progresses from having material capital as the main form of capital to the mutual cooperation of material capital and human capital. As human capital continues becoming more and more important, recognizing and establishing the property ownership interest is inevitable, and the improvement of the system for human capital investment is the necessary requirement for the development of the new economy. After entering into the WTO, enterprises in our country faces competition on multiple fronts (including the competition for the talented persons) .So, learning from the advanced system of human capital investment, standardizing the current rules and regulations, and respecting the value of human capital through the framework of relatively complete corporate governance structure and comprehensive legal system is a problem which need to be resolved right now. Improving the legal system for human capital investment is an urgent need in practice, too. Currently, the legal community within the country has not done much research on the topic of human capital investment. Through the discussion of the concept, theory, characteristics of human capital, the analysis of Economic and Jurisprudence of the investment, this article determinates that human capital has the nature and capability of material capital, and thus could become capital stock according to the Company Law. This article also makes logical analysis regarding the impediments for human capital, and has made a series of recommendations for establishment and consummation of the human capital investment system.The whole article consists of three parts: Introduction, Main part and Conclusion section. The main part has five chapters. Chapterâ… discusses the basic principle ofhuman capital from its concept and characteristics, and analyzes its essential characteristics. Chapterâ…¡introduces the legislation condition and practice of human capital investment both domestically and abroad, and analyzes the shortage of the human capital investment in our country's Company Law. Chapterâ…¢discusses in detail the basis for human capital investment, and also discusses its feasibility and inevitability. Chapterâ…£analyses in detail the impediments to human capital investment . Chapterâ…¤puts forth designs for building and improving the relevant system.This article follows the principle of theory in connection with practice, focusing on both economy and law, and focusing in the domestic circumstances of China and at the same time also discusses internal developmental trends in order to research this important topic in the Company Law regarding human capital investment.