| Combining the theory of human capital, property rights and modern enterprise with the theoretical and empirical studies, quantitative and qualitative analysis, and comparative analysis, etc., this paper discusses systematically the basic problems of human capital gain rights and the mechanisms of realizing the right from both the theoretical and empirical aspects. It structures a frame for analyzing human capital gains right theory and discusses the income distribution mechanism and system from a new angle tentatively.As one form of capital, Human capital possesses the essential attributes of capital, and is one of the investments to gain profits. The owner of human capital should also have the ownership of enterprise, participate in the profit distribution, and receive its remuneration. But the human capital is a kind of special capital, which is different from the material capital and the income right of the human capital is difficult to ensure in practice. To realize the stock right of human capital, to participate in the enterprise's profit distribution, and to realize the capital gains right, we can restructure and reform the current system, especially the economic system, the social system, and the legal system.Through the comparing with and analyzing of the human capital gains right in the developed countries, we find that the arrangement of capital gains right system and the realization of human capital gains right in our country are weak in some aspects. After the analysis of the possible reasons in the current law and markets system, corresponding suggestions are given in the aspects of recognizing human capital as the capital contribution, improvement and development of the employee stock option plan and the staff share etc. |