| This paper give some think about the form precondition, arrangement, form approach, property character of human capital on the basis of reviewing the enterprise theory and human theory. And then no this basis farther analyses the reason of choose of contract from different perspectives of marginal proceeds, information transmission, diversity of risk attitude and play chess. Then summarize the different share modes of enterprise surplus, in the end give advice on the conventional back system . The main conclusions and viewpoint of the paper are the follows: (1) Human capital is a history category. three basic prerequisites that it forms are 1,The main devotion of labor are knowledge and technology in the material production and service activity. 2, The ability of labor are the result of consciously , purposeful capital investment. 3, Human rights of labor under the safeguard of law (2) The differentiation standard of human capital from human resources lies in the character of increment, and does not lie in the model of share enterprise surplus. The model of share enterprise profit is not the sufficiency condition. (3) The contract of share is a special manner of information transfer used by the owner of human capital. The difference is potential cost replaced the real cost between the two models of information transfer by the contract of share and diploma. (4) Distinguish the difference of labor in risk attitude is the precondition of an effective share contract of enterprise surplus. The income share models should be dynamic choosing proceeds under different combination of risk attitude of human capital and material capital. (5) Different surplus share contracts are effective in different condition. But the choosing proceeds like playing game and risk attitude, quantity of human capital, whether the profit of enterprise can be anticipated must be thinking over. Have a perfect convention system also is a necessary precondition to an effective surplus share contract.
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