To Research The Legal Matter On The System Of Human Capital Investment

In the modern society,economic globalization has accelerated the demand all kinds of talents, the status of human capital , the father of wealth, having become the most active production factor in the modern economy and more sparse resources compared with the material resources capital. The human capital, the concept which is from economics, is marching into the legal science. In the traditional company laws and the theories of company law , human capital can't be viewed as the contributions to the company of the shareholders . But , the human capital theory and company practice challenge the traditional rule and theory. So in order to make its confirmation in the legal science—permitting it as the contribution object of limited obligation stockholder, to solve the problem of how the human capital impels basically, needing a series of innovation and the practical significance work such as conceptual transformation from economics to legal science and the concrete mechanism designs.On the law problems in human capital investment system, the paper first defines the human capital and elaborates the human capital investment and its the characteristics; and with elaborating the rationality of the human capital investment, it further probes into the basic questions that should be resolved when China establishes the human capital investment law system.Theoretically, from three aspects, the human capital from the drive to the human capital owner's enthusiasm from human capital, its status and functions in the enterprises and the realization of enterprises'capital system and value goals, this paper points out the human capital is the suitable standard sign of investment; and furthermore it analyzes the legal barriers of the human capital: "The non-capital nature" of human capital, the appraisal barrier and the threat to the transaction security, and it also affords the solution to all these legal barriers. Concerning the law problems when constructing the human capital investment system in China, with a view to the reforms of enterprises capital system in our country, the paper proposes the right way to realize the human capital investment---human capital stock. From the theory of human capital stock, it also offers correspondence legal processing mechanism respectively according to the two stages: Human capital's entering into and withdrawing from the enterprises.Practically, the paper makes analyses of the realistic predicament of the staff share-holding system and the stock option in law and proves that the human capital...