Research On The Legal Problems Of Labor Service Contribution

As for Capital Offering Pattern, monetary is the most widely form in corporate practices and permitted by corporation law of countries in the world. Other property offering pattern except for monetary is regulated by the law of corporation of countries in the world, because its above quota evaluations will harm capital contribution shareholder and the obligee's interests. Thus the labor service contribution is basically denied by the law of corporation of countries in the world.Though monetary and actual properties are essential to the management of corporation, to some corporations, technology and management seem to be more important in getting their continued success. With social development, capital offering pattern tends to be immaterial from capital contribution in currency to contribution in the forms of tangible goods and non-patented technology. The labor service contribution means that investors invest in the corporation in the form of their labor service and then obtain shareholders'qualification,stock ownership and profits. In China, Statutory Capital System and capital credit claim that the capital contribution must possess of solvent function, so that the labor service contribution is excluded from legal capital. However, in practice the situation that the investors invest their labor service and ask for shareholders'qualification is not least. Recent years employee stock ownership plan, stock options and other program like that need the administrators and company clerks to invest their labor service and obtain shareholders'qualification.The current corporation law has changed the simplicity of enumeration of the capital contribution modes and made open-up regulations. Furthmore, it prescribes two abstract standards"can be assessed by currency"and"can be transferred by law" as postulations for non-monetary investment. It becomes more reasonable and flexible and brings new developments for labor service contribution. The qualifications for capital contribution depend on the function and the value goal of the capital institution. The question"Whether is the labor service eligible for contribution?"should be answered under such context. The paper has analyzed the relation between the capital institution and the capital contribution. Theoretically it emphasizes the necessity for the labor service contribution. But labor service has its own specialty and hard to make a correct assessment, so its function exertion must be complemented by relevant legal system. Just for such purpose, this paper analyzes the characteristics of labor service and enacts some tentative legal system. How to build up labor service contribution legal system? To solve this problem, the paper merits foreign labor service contribution legislative mode as a source of reference,analyzes national local capital contribution legislation,employs the comparative method and realizes system innovation at length .The paper designs a series of legal system and makes labor service contribution feasible.