Research On The Legal Issues Of Labor Contribution

Capital and property has been used confusedly by long-term.In fact,they are different conceptions in the connotation and extension.The credit function of the registered capital is excessively emphasized actually.Therefore,the legislation had stipulated restrict form of the investment of shareholders.However,the capital's function of credit the realization of the debt is suspected.Some scholars think the company debt redemption ability more liable on the company reality property condition,in particular above company invariable present property.Since company's credit foundation has realized the transformation from the capital credit to the property credit,the legislation is not certainly unnecessary to make the scope of the investment subject matter.With the disillusion of the property credit myth,the idea of the legislation is able to restructure: to encourage investment,to realize the full use of scarce investment resources.The form of investment which can realize both the efficiency and safety is the most superior.This article discusses the possibility of the labor capital transfer to a legal form of investment based on the property credit.The author utilizes comparison,law-economic analysis,case analysis,and some other different methods analyze that the labor capital whether can be taken as a legal form of investment from such aspects: the labor investment rationale;the labor investment feasibility analysis;the labor investment necessary analysis;the labor investment legislation comparison and suggestions to our country service investment legislation design.The first chapter starts with the definition of labor capital,and it analyzes the fundamental reason of labor can't be invested to limited-liability company.The reason is that the protection of credit functions of the capital and the right of the creditors which based on the limited-liability.In fact,the credit of the company is not determined by its capital but based on the property of the company,especially the property that can be sold.Thus,labor capital is not labeled the function of credit the realization of debts.So the theory barriers which make the labor capital unable to be invested disappeared.The second chapter analyzes the property of labor investment with emphasis.Labor capital has the characters which necessary to the investment,which means that labor capital is proper to be invested to the company.And from the angle of law-economic analysis,labor investment is fit to the supposition of rational person and the theory of profiting maximization.Therefore,there is property to investment by labor capital.The third chapter analyzes the necessity of labor investment with emphasis.Because labor investment can make up the insufficiency of the work contract,and in the economic life,the plans of free shares,the staff owns stocks,and the storehouse stock make the labor investment is needed,so the labor investment has its necessity.The forth raise several suggestions in the aspects of overall arrangement and concrete design about our country's legislations through the comparison,analysis and reference towards foreign counties' legislation mode of labor investment.The suggestions consist of seven points: modify the Act of Administration of the Company Register in force to permit labor invested to the company,calculate registration capital of company and make it clear in business license,strict the responsibility of evaluation organization,confine the transfer and circulation of shares of labor investment,define the responsibility of labor investors when the corporation bankrupt,and add more regulations about storehouse stock.