| The rapid development of science and technology is deeply changing the world and gradually leading the economic strength of a country. The development of a country, society and enterprises will mainly depend on science and technology level and innovative ability. Compared with the traditional physical capital, human capital is more in line with the current trend of world economic development for its own knowledge and innovative ability which is attached to the human, and is also the demand for different enterprises. Reflected in the legal level, especially in the aspect of legal system construction of Company Law, the problems of the human capital investment is still an important issue of Company Law having to face, specific performance in:human capital can be invested or not, how to invest, how to protect the legitimate rights and interests of creditors, maintaining the security of transaction. The situation of human capital investment has existed in company practices. Individual local legal documents have also made the relevant provisions, although some provisions are not clear and perfect. But the existences of these phenomena are calling to consider the problems of human capital investment for the future Company Law. In view of this, this article aims to explore the construction of legal system of human capital investment in China, to build a perfect system of human capital in China funded through the legal system, to solve the disadvantages and obstacles appeared in the process of human capital contribution, to release positive energy to human capital in modern enterprises. The concrete content includes the following four parts:Part I:the overview of human capital investment. In this part, through the comparative analysis of related concepts, Company Law in the context of human capital refers to the attachment in the investors, and can bring benefits for the companies in the future, mainly for the skill, knowledge and experience of talented persons who owned these ability. And through evaluating the human capital investment theoretically, conclude that the benefit is more than fraud and human capital can be invested to companies.Part II:the analysis of the current situation and obstacles of human capital investment in China. This part from the current Company Law and the local legal documents makes clear the fuzzy space of human capital investment. At the same time, summed up the possible obstacles of human capital investment in current Company Law, mainly including:traditional idea obstacle, legal system obstacle, legislative technique obstacle and trade safety obstacle.Part III:the foreign legislative models of human capital investment and the enlightenment. Through the comparative study of the three legislative models of main countries in the world of human capital investment, we think that our country should be based on its own economic development situation, go with the development laws of human capital investment, to allow the legislation attitude limitedly. At the same time, learn from the useful experience of foreign countries, appropriate restrictions on human capital investment, pay attention to the company’s capital balance between efficiency and safety.Part IV:the legislative proposals to improve the human capital investment in China. The future Company Law first of all should give the human capital investment the principal status. Then, clear the investment conditions of the technology human capital and entrepreneur human capital. Meanwhile, through the legislative means regulates the assessment, transfer and protection of creditors and other aspects of the human capital investment in detail, we believe that we can establish a perfect system of human capital investment. |
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