An Exploration On The Legal Problem Of Human Capital Contribution

The human capital is the concept which grows from the economics. There have great scholarship achievement to the human capital theory research in the economics field. Along with the swift development of the science and technology, the humanity has already entered the knowledge economy age. The human capital factor, for example, knowledge, skill and so on, plays more and more important role in the development of economy. There is still a long way for the research in the jurisprudence and legal professions to catch the research in the economics field, especially about the legal problems in the human capital contribution. There are many legal problems which have not been solved yet in the human capital contribution. But the contribution system is one of the important content in the company's capital system, and also is indispensable to every country's company legislation. With the development of economy, the contribution form shows the diverse tendency. The function of the human capital to the economy has already gradually been approved. It has had the impact to the traditional contribution theory that the incentive system to the enterprise stock rights in practice, the carrying out of the Employee Stock Ownership Plan and the exploration and the attempt to the human capital contribution in our country's local legislation. The new "Company Law" has already officially executed in January 1, 2006, but the human capital still has not been listed in the legal contribution way. Therefore, the author would like to do a research to the human capital contribution, especially has expounded and proved to the rationality of the human capital contribution in our country, and propose some points of my own, the author hope that would do a benefit to the development of economy and the consummation of legal system in our country.The paper is divided five parts. The first part is the introduction and the last part is the conclusion. The main body of the paper is consisted of three parts:In the first part of the main body, the author has carried out the outline to the development of the human capital theory, inspected the developing process of human capital theory from the system intrinsic production machine-made aspect, and recounted respectively the meaning and characteristics of human capital contribution. The author especially has carried out views of my own about the relationship between the human capital contribution and the labor services contribution, which is in a more chaotic at present.In the second part of the main body, the author has expounded and proved the rationality of the human capital contribution in our country. The author has analyzed the value function of the human capital contribution and the existence significance in our country from Legislation idea of the shareholder contribution form, also analyzed the feasibility of the human capital contribution from Intrinsic Stipulation. The author thinks that the feasibilities of human capital contribution have five constitutive requirements, key points as following: determinism; value extant; appraisal possibility; possibility of being controlled; possibility of being transferred. The author gets the conclusion that the human capital contribution has the suitable standard, namely has proven the human capital contribution rationality from the legal principle theory of law angle. Finally the author reviews the rationality of the human capital contribution in our country from practice perspectives.In the third part of the main body, the author reviews the idea barrier of the existence of the human capital contribution and limitation of the human capital itself from the practical perspectives and initial design the human capital contribution system.