Research On The Legal Issues Of Human Capital Investment In The Company

The development of human social economy has entered the stage of knowledge economy,human capital possession and allocation in this stage has played a decisive role.As a kind of main part in the economy structure,the company is more and more dependent on the research,development and innovation ability of the internal staff.But the human capital to become the legal form of capital is also facing a series of problems,such as whether the human capital can be evaluated,whether the transfer of human capital,human capital as a way to protect the interests of shareholders.In order to make the human capital investment has a legal status in the system of capital of our country's company,will be combined with the current ? People's Republic of China company law ?,(hereinafter referred to as the ? company law ?)and the theoretical requirements,to analyze the concept of human capital,characteristics and investment eligibility.On the basis of the necessary provisions of the existing practice and the reality of the need for human capital investment,human capital as a way of contribution,and put forward on the basis of the establishment of China's human capital investment support system in combination with the analysis of the overseas company,to solve the existing problems of the implementation of human capital investment.On the basis of this,the human capital plays a role in promoting the company's operation and support the social environment of innovation and entrepreneurship.The main contents of this paper are as follows:The first is the basic theory of human capital investment.This part through a detailed comparison of the human capital and other similar concepts with the same and difference,that human capital refers to the capital contained in the body through education investment and in the work process,such as ability,experience,technology innovation ability,management ability,and scientific research ability.Secondly,the present situation and necessity of human capital investment in china.This part investigates the current regulations,the human capital is not completely banned in this state,and in the actual operating company exists for its actual needs: mainly include complement defects,ESOP shares,stock option system and innovation and entrepreneurship system.Thirdly,the current situation of overseas human capital investment.This partexamines the two legal systems for the three kinds of model of human capital investment,such as prohibition,free style rules and restrictions,think our country should summarize the advanced experience of foreign countries,and summarizes the enlightenment obtained.Finally,establishes the support system of human capital investment in china.This part concludes the the free principles of human capital contribution and evaluation mode of legalization,specialization,assessment agencies assessment procedures for dynamic,and the establishment of guarantee system,storage system,equity insurance system,trying to make the human capital contribution way truly perfectly implemented.