Enterprise Human Capital Property Rights Theory And Practice

This article researches on the theory and practice of the property right of the enterprise's human capital on the basis of reading a large number of documents, using the learned knowledge, qualitative analysis and the method from general to concrete.In the eyes of property right economics, this article agrees on the basic viewpointwhich property right originates from "invalidation" of rare property ownership's integrality and exclusive. It initially analyzes the importance of property right stimulation through discussing the basic behavior characteristics of the main body of the property right, that is, human being's limited rational, selfish and opportunism tendency. And it also puts forward to establish enterprise's property right system including material capital and human capital property right in light of the defects of existent material capital right theory, thus to stimulate and restrain different property right's main bodies effectively and increase the efficiency of the market operation.On the basis of the above analysis, the essay further discusses a special propertyright, that is, the property right of enterprise's human capital. After generally analyses of the human capital and of its common characteristics (i.e. investment body's versatility and human capital bringer's oneness, long-term accumulation quality, the composing substance's singularity quality, income's increasing' quality, possible mortgage quality, scarce quality), it expounds enterprise's human capital property right's basic meaning, characteristics (i.e. the contradiction between human capital bringers and other ownerships, the influence of human capital bringer's subjective will to human capital property right, the difficulties of human capital property right's division and benefit's distribution) and related features in public-owned enterprises(i.e. the difference between the law and the fact property right, enterprise's distribution can't embody the income of human capital property right), and it also puts forward some shortages existed in traditional enterprise's administrative pattern-neglecting human capital property right. On this base, the article discusses the necessities of establishing the property right of enterprise's human capital in details from the theory (the necessary demands of modern enterprise's system, the unfavorable influence from the uncompleted property right structure of enterprises, human capital- is a kind of rarecapital,enterprise's decisive capital and it is the essential manifestation of public-owned economic relations). In practice, it initially analyses the possibility of human capital property right's practice (i.e. policy guide, practical turning point, practical base) and its basic forms (share ownership, optional institution). The author thinks that the stimulation of human capital property right is the important method in enterprise's stimulation system design. In recent economic conditions, adopting the form of human capital share ownershiping has stronger real possibility. Share optional institution is the fundamental direction of the development of human capital property right's practice to those who own the human capital of large market demand, high degree of scarcity and low level of substitution.