Human Capital Of The Legal Issues Discussed

With the high and new technique rapid development, the enterprises expand fast, talented persons become the core of the competition among enterprises, under the knowledge economy background. Scholars in the economic domain have early paid attention to the vital role which persons play in the enterprise economy rise. Nearly in 200 years, the human capital is paid attention to greatly, from Adam Smith's The Wealth of Nations to Theodore Schultz's Human Capital Investment, from affirming that the talent which all the people have is the fixed capital juxtaposed with the active capital such as currency, to confirming that the human resources quality improvement is one of important roots which the economy grows. Schultz published the chief speak named Human Capital Investment in the American economical association in December, 1960, which became the symbol of the modem human capital theory formation. From that time, the human capital theory has been developing rapidly, which affected many related disciplines in economic domain, and the theory also entered into the legal science scholar's vision. The human capital theory develops more maturely in the economic domain, jurisprudential scholars attempt to provide jurisprudential explanations for the human capital contribution. The law reflects the rules of the modem economic system, and the economical idea and the system transformation inevitably affect the law development. But the independent law which has own developing rules, looked from its interior, can admit the exotic smoothly without any obstacles, and mix harmoniously? This article means to prove whether the law can admit the economic human capital theory smoothly or the human capital contribution can be allowed in law.The first part, analyze the elementary theory such as company capital and human capital. Whether the human capital contribution can be permitted, that is necessary to analyze the company capital implication fundamentally. The company capital has the different explanations in economic, accounting, company law's angle, but its basic function is to impel companies to rise value. The company law also should take idea transformation from the capital credit to the property credit. Looked from the commercial law value orientation, the efficiency occupies first and the fair and the others only gain proper attention. The design of the commercial law system also should carry out this principle, including the company's capital system and the contribution form. Everything which is beneficial to the company operation, should be brought into the contribution category, simultaneously safeguards should be arranged to protect the creditors and other company's correlation participators through other systems. This article, explains newly the process of the manpower becoming the capital, and explains the human capital more deeply, utilizing the elementary theory of Marx Capital, in development judgment. After the labor force becomes commodity, in company operation process, when the manpower is scarce comparative to the material capital, the labor force obtains the possibility of sharing surplus, and then becomes the company capital. From this meaning, only those special-purpose talented persons such as managing and technically persons become the core of competition among enterprises, can the ability conform to the basic requirement of the human capital.The second part, analyze the rationality of human capital contribution. firstly, in the sociology of law method, point that human capital contribution conforms to the tidal current from the historical angle. Then, in practice angle, pay attention to some stipulations about permitting human capital contribution in some local regulations, and to prove that human capital contribution is the need of practice. At last, in human rights development angle, human capital contribution meets the need of persons' comprehensive and free development.The third part, analyze the feasibility of human capital contribution in theory and practice. In theory, comparatively analyze the suitability of the human capital contribution and the material capital contribution, and prove the suitability of the human capital contribution in five aspects such as definitude nature, value nature, appraisal possibility nature, transferring alone possibility nature, earning capacity in company goal flame. In practice, through observing managing human capital and stock right prompting, technical human capital and stock right, comment human capital and the employee stock ownership system, we can draw the following conclusion: in practice, managing and technical human capital have share the enterprise profit gradually, and become an new contribution form.The forth part, construct the human capital contribution system, which is the important part that will safeguard human capital contrition to truly be applied in practice. It is the emphasis of this article. Firstly, define the applicable scope of the human capital contribution, including category of the human capital contribution, the applicable enterprises and industries. Secondly, in view of human capital characteristic, design the process of human capital contribution to safeguard the troth and justice of the contribution, including the human capital appraisal, the contribution agreement, certificates transfer, the capital examination, the human capital accountant disposal, the shareholder resolution, the information exposure. Thirdly, in order to safeguard the process of human capital contribution to carry on normally, frame restraint mechanism. Restraint mechanism consists of two parts. The first part is direct restraint system, also called intemal restraint system, including contract constraint, articles of incorporation restraint, organization restraint. The second part is indirect restraint system, also called exterior restraint system, including law restraint, market restraint, profession restraint, media restraint. At last, although the human capital cannot transfer and withdraw in principle, some corresponding measure should be adopted to safeguard human capital transfer and withdrawal in some peculiar circumstances.This article has just discussed the human capital contribution in jurisprudence superficially, which inevitable has some contradictions and disputes. But it is undeniable that the human capital contribution has valuation in both theory and practice. We should take tolerant manner to the research jurisprudential scholars have done about the human capital contribution.