Dilemma And Work-out On Human Capital As Investment

Due to the ineffectiveness of China's attempts at running a market economy during the 1990s, China revised its'Company Law'in 1993. Key improvements to the law included making sweeping changes to the Capital Contribution System, requiring shareholders to have a real capital injection. Since the 1st major revision of Chinese Company Law took effect in 1993, China's attempt at running a market economy greatly improved, however the system was still flawed. One of the major drawbacks of the old Company Law was its inflexibility in terms of stipulation of capital contribution, which discouraging people from investing. In order to address the Company Law's shortcomings, the Standing Committee of the People's Congress revised the Company Law during its 18th meeting on October 27th, 2005. Reforming legislation on contribution: a flexible abstract criterion'non-cash assets which can be monetarily valued and legally transferred'has taken the place of the old rigid full-scale listing. From author's viewpoint, there are drawback existing in the stipulation of contribution form, author pays close attention to the fact that human capital is not allowed to be used as an investment in the new law, which is worth discussing further.Thesis is composed of seven chapters, about 32,000 words in a total.Chapter One is an Overview of Shareholder's Capital Contribution System in Company Law. Section One is an introduction of the method of shareholder's capital Contribution, pointing out conditions the assets that the shareholder invests to need to match; stipulation by samples as the currency, the kind, the intellectual property and the right to the use of land. Section Two is an introduction of the means of performance of Shareholder's Capital Contribution. Section Three is an introduction of The Evaluation of Shareholder's Capital Contribution. Section Four is an introduction of Proportion Structure of Shareholder's Capital Contribution. Section Five is an introduction of Capital Examination. Section Six is an introduction of The Legal Liability of Shareholder's Capital Contribution Behavior.Chapter Two is an analysis of the Changes of Capital Contribution Form in the Newly revised Company Law. Section One is an introduction of Changes to Scope of Capital Contribution Form. Section Two is an introduction of Changes to Capital Evaluation. Section Three is an introduction of Changes to limitation of Non-Cash Contribution. Section Four is an analysis of Drawback of Capital Contribution Form Provision in the Newly revised Company Law.Chapter Three is an Overview of Human Capital Pertinent Literature and Research Results. Section One is an introduction of Development of Human Capital Theory. Section Two is an Overview of Human Capital Legislation in Different Countries. Section Three is an introduction of Research of Using Human Capital as Investment in China.Chapter Four is an analysis of Dilemmas of Using Human Capital as Investment under the Frame of New Company Law. Section One is an analysis of Validity of Human Capital Contribution. Section Two is an analysis of Impact of Using Human Capital as Investment on Three Principles for Capital.Chapter Five sets forth The Characteristic and Theoretical Basis of Using Human Capital as Investment. Section One is an exposition of Concept and Major Character of Human Capital. Section Two is an exposition of Concept and Fundamental Feature of Using Human Capital as Investment. Section Three is an introduction of Analysis of Using Human Capital as Investment in terms of Law and Economics. Section Four is the Realistic Meaning of Using Human Capital as Investment.Chapter Six is an analysis of Particular Issues of Using Human Capital as Investment. Section One is an analysis of the Ownership of Human Capital as investment. Section Two is an analysis of Evaluation of Human Capital. Section Three is an analysis of Re-investment and Prohibition of business strife of Human Capital. Section Four is analysis of Human Capital Investor's Security and other Liability.Chapter Seven is an exploring of System Foundation of Human Capital Injection and Legal Disposition of Human Capital Injection. Section One probes into System Foundation of Human Capital Injection from eight angles. Section Two states the legal disposition of Human Capital Injection, which makes exposition from three angles: first, Ascertain the legal basis of Human Capital Injection; second, Make Contrast and Introduction to the Operation of Human Capital Evaluation; third, Transfer of Human Capital Shares; fourth, Analysis of Legal Management of Human Capital Withdrawal.