Study On Human-oriented Financial Legal System

At present the economic society has gradually entered in the era of knowledgeeconomy. In the era of knowledge economy, the evaluation and judgment on valuationof the enterprise shall not been confined to the material capital owned by theenterprise, and the ownership of highly-valued human resource capital with increasingcapability shall become the kernel part of the evaluation and judgment of theenterprise. The financial activities shall draw the human resource capital into thefinancial elements and perform the valued activities with the capital ownership ofhuman resource as the core thereof. While, the absence of the capital ownership ofhuman resource in the current legal category of equity has become the legal obstacleto include the human resource capital in the financial elements for the management. Inorder to solve this problem, based on the human capital property rights as the mainline, with property right system as the core system, pioneered the human-OrientedFinancial Legal System. This study makes up the deficiency of the current propertylaw system and provides the theoretical and legal basis for the financial practice.This study firstly tries to solve the problem of theoretical basis ofhuman-oriented financial legal system: to establish basic theories of thehuman-oriented finance which includes the logical starting points, elements, activitiesof human-oriented finance. And put forward systematically that the logical startingpoints shall meet the four conditions, demonstrate the three basic elements includingthe activity, capital, equity systematically. On the basis of separation between thevalued activity logic of "activity-capital-value" and the valuation of enterprise, for thefirst time advance and demonstrate the system of financial activities which isestablished with the activities of value creation as main structure and includes thevalue induction, value collocation, value circulation, value output, value share.And then, This article takes the property attributives of human resource capitalrights as the starting point of research, on basis of the understanding and study of theessential attributes and the analysis of special attributes of human resources capital, and then draws the conclusion that the human resources capital rights can be includedin the domain of property for the regulating. The value judgment shall be the basicprinciple for the design of legal system, this article, through the depth analysis of fairand efficiency, puts forward that the fair and efficiency shall be on the different stageof value. This author thinks that the fair shall be the element value of the legal systemof the human-oriented finance, and on basis of which, formulates the value idea of"the efficiency shall prevail, and the fair shall be the root", and constitutes the legalrules system of human-oriented finance by the basic system value judgment. On basisof the above contents, this article starts from the point to study on the attributives ofproperty of human resource capital right and include the human resource capital rightin the domain of property laws, according to the relations and structural principlesbetween the laws at the high, middle and lower levels, takes the research of norms asthe basic research form, by means of inductive inference, deductive inference andanalogical inference or other means of logical inferences, takes the value judgment asthe basic regulatory judgment together with the means of case study, around on thehuman resource capital rights establishes the legal rules system of human-orientedfinance which includes the commanding legal rules system of human-oriented finance,the core legal rules system of human-oriented finance, the sustaining legal rulessystem of human-oriented finance, the technical legal rules system of human-orientedfinance and the protective legal rules system of human-oriented finance.The commanding legal rules system of human-oriented finance is therecapitulative regulations on the human resources capital rights in the constitution andthe constitutional documents. The author preliminarily formulates the basic systemincluding the inviolability system, national protection system, rights limitation systemand requisition compensation system and other basic systems. The core legal rulessystem of human-oriented finance is the regulations on the human resources capitalrights in the civil basic laws, the author preliminarily formulates the basic systemincluding the identification and classification, acquisition and alteration of the humanresources capital rights, main body of the human resources capital rights, protectionand limitation of human resources capital rights and other kernel civil legal regulations. The introduction of human resources capital rights needs the enterprise toadjust the relative legal systems to avoid the conflicts between the laws. The relativelegal system of the enterprise which is established on basis of the kernel legal systemsshall be the sustaining legal rules system of human-oriented finance. On basis of thecurrent practice of property rights legal system of the enterprise, the author tries toadvance insights of the human resources capital rights around the contribution systemof enterprise, operation system, governance system, profit distribution system, capitalexit system and other technical legal rules system of human-oriented finance. Thetechnical legal rules system of human-oriented finance protective legal rules systemof human-oriented finance is the footstone for the implementation of the legal systemof human-oriented system, in this article, the author takes the behavior elements as thefundamental elements, the capital elements as the existence elements, the equityelements as the attributive elements, preliminarily establishes the human-orientedfinancial mechanism and the management mechanism of human-oriented finance.And on basis of it, initially designs norms system of human-oriented financial actionsincluding the action norms of the value induction, value collocation, value circulation,value output, value share. The protective legal rules system of human-oriented financeis the basic protection for the implementation of the legal system of human-orientedfinance, on basis of the market platform of human resources capital rights, the authorpreliminarily formulates the protective legal rules system of human-oriented financeincluding the credit system, regulations of prohibiting market, occupational insurancesystem, personal bankruptcy system etc.For the first time put forward and establish preliminarily the layered system ofthe human-oriented financial mechanism, according to the attributives ofhuman-oriented financial mechanism, start from the layers of the human-orientedfinancial mechanism, the author classifies the human-oriented financial mechanisminto the fundamental mechanism of human-oriented finance, the basic mechanism ofhuman-oriented finance, the sustaining mechanism of human-oriented finance,including which the fundamental mechanism of human-oriented finance is the basis ofthe human-oriented financial mechanism which decides the basic mechanism of human-oriented finance, the sustaining mechanism of human-oriented finance. Thebasic mechanism of human-oriented finance includes the action dynamicalmechanism, the action operation mechanism and the action adjustment mechanism.The basic mechanism of human-oriented finance is the main body of thehuman-oriented financial mechanism. The sustaining mechanism of thehuman-oriented finance is the financial management mechanism of enterprise whichincludes the management decision mechanism, management incentive mechanism andmanagement supervision mechanism. The sustaining mechanism of thehuman-oriented finance provides supporting to the basic mechanism ofhuman-oriented finance. On basis of the human-oriented financial mechanism, theauthor has preliminarily established the management mechanism of the liabilities,rights, interests of the human-oriented finance including the shareholders meeting,board of directors, and board of supervisors, managements, executives of concretebusiness which are suitable to the rights and liabilities of the contributor of humanresources capital. On basis of the features of the human-oriented finance action, theauthor, for the first time, advances and preliminarily establishes the rules system ofthe human-oriented finance action. The said rules system includes the value induction,value collocation, value circulation, value output, value share.