Human Capital Of The Legal Issues

With the era of intellectual economy and information economy arriving , human capital is playing an increasingly important part in social production . In the traditional company laws and the theories of company law , human capital can't be viewed as the contributions to the company of the shareholders . But , the human capital theory and company practice challenge the traditional rule and theory . Futhermore , the importance of human capital in the knowledge-based economy requires the study on the human capital contribution . In order to solve the problem of how the human capital impels basically ,. the law should define the legal position of human capital , permitting it as the contribution object of limited obligation stockholder . Through the introdution of human capital contribution meaning , this article consists of four aspects , analyzing deeply the fundamental problem of how we set up legal system of human capital contribution , on the necessy and feasible basic of discussion the human capital contribution .The first part sets forth the implication of human capital , through demonstrating superficially the historical background on which the problem of human capital is put forward , It recounts respectively the meaning and characteristics of human capital, and the difference among other relevant implication.The second parts is dealing mainly with the necessity and feasibility of human capital contribution . At first, this part illustractes the significance of human capital contribution with three aspects : Human capital can impulse the higher and newer technology ; and benefits to the Employee Stock Ownership Plan ; and impels the creativity of the employee . And then , as same as capital human capital also has characteristics of operating , liability and incredict .At last, this part illustractes the way and the rules of the evaluation of human capital, and make clear that human capital can be evaluated.by reasonable institution construction . In the traditional company laws and thetheories of company law , the safety of human capital contribution was a important problem , to solve this problem , this part suggests that it should be arranged by some feasible ways and some reasonable institution construction.The third part is about the legislative attitudes on human capital contribution of several main states . Human capital contribution is not fresh thing to other countries . It has a long history . We can benefit from it by reviewing human capital contribution legislation of other countries .The fourth part respectively designs the institution construction of human capital contribution .It is mainly dealing with the problem of establishing legal system of human capital contribution at our country , while activated with several aspects such as changing company finance system , expanding the range of stockholder's finance object, especially setting up compulsive repurchase obligation , the article discusses the modification of our company law , and we also designs relevant legal treatment measures , in the light of several periods of entering , operating , withdrawing of human capital.