Some Legal Problems On Human Resource As Share Capital

Along with the increasingly concern about the value of human resource by firms, the owners of human resource can be entitled to become shareholders in different extent. However, it has not been confirmed by law that the human resource can become a share capital in most countries, and it does not consist with the important role that the human resource has played in the developing of enterprises and in the process of production of increment interests. Therefore it is important in practice and in theory to recognize the legal status of human resource and make it share capital. Although there are many difficulties in evaluation of human capital and capital substantiation as well as the protection of creditors, these difficulties can be resolved through establishing of effective legal systems.This paper has expatiated on the practical significance from the legal practice of human resource as share capital. If the human resource become a share capital the hole in current system could be filled and the system of prompting by share could be improved. On the base of correct definition on human resource as share capital, this paper has analyzed the theoretical significance of human resource as share capital, which has its own base of jurisprudence and economic law. Finally, this paper has brought forward justification suggestions to the regulation on human resource as share capital. It should be regulated by law and its functions should be exerted truly.The focus of this paper is to give a new definition of equity capital from economic law and thinks that equity capital is a kind of right of live labour force. Such live labour force connects the human resource with material resource, and is the producer of firm's increment interest in deed and is the materialization of the value of human resource. This paper has brought forward some own opinions on the principles of ascertaining the share of human resource, the relation between the value of human resource and firm's register capital. Focusing on the faintness of the operation of human resource becoming share capital, this paper has put forward that it is necessary to establish improved system of human resource becoming share capital to regulate relevant problems.