On Labor Force Right

Right system of traditional company law, whose core is investor ownership right, is the result of scarcity of material and capital under certain social history conditions. With bulging status of capital of human resources in the knowledge era, it shows that the reasonable reality of the system is creepy losing. In order to fit with leading effect of capital of human resources, we should establish a new right and power idea which echoes in company law system. According to Marx's Theory of Surplus Value, we know that labor force is source of surplus value, and that capital is the value that can bring surplus value, essentiality is one social relation and can't create wealth. Thus, it is necessary to protect laborer's right of labor force, And if the law can distribute the right of sharing surplus again on the basis of contribution of laborer, which means investor have the right of drawing surplus for his labor of making policy, and administrators have the right of drawing surplus for his managing labor, and laborer have the right of encoring surplus for his producing labor. Then it must can stimulate the latent capacity of capital of labor human resources, and leads to remaining and increasing of companies value.Thinking of this article as following: First, beginning with the defect of right and power system of internal company law, analyze the necessity of reconstruct system of companies law; second, put forward the concept of labor force right, which is the core category of company's right and power, Besides, demonstrate its background, right holder, legal theory base and analyze the difference between workers rights, the right of labor, Third, raise the theory of "the second contract" (contract of cooperation relation) and construct right of labor force in the micro-economic law.