The Legal Study Of Human Capital On The View Of Corporation

With the coming of knowledge-based economy era, human capital turns to more and more vital. After researching the legal construction of human capital under partnership and corporation, the author thinks that it is possible to establish a new system of human capital on the view of corporation because of the mixing tendency between human capital and limited liability. And the contemporary transmutation of Enterprise Theory, Corporation Govern Theory and Risk Theory, etc, supports the opinion sturdily. While the present law or rule permits human capital existing in anticipating or holding share, not equal to the property capital. The study concerning of American Silicon Valley Mode, Japanese Engage-Occupation-Right Theory and Germany Co-govern Theory shows that it is possible and feasible to establish a new system of human capital which is equal to the property capital.This article insists that we can establish a new legal system of human capital under the framework of corporation and based on the limited liability. The system should include the following contents. Firstly, we should consummate the present commerce law through constructing the concept of Human-Intellect-Right so order to confirm human capital. Secondly we should revise the relative regulation of the corporation law and permits to set up a enterprise with human capital based on intellectual property rights clearly. At the same time, the proportion of human capital is not limited. The next, we also should scientific definite the holders of human capital and endeavor to cultivate them. In the last, we ought to consummate some other law such as accountant, tax, credit evaluation and information release and supervision so establish an integrated system.