The Juristical Study On Human Capital

There's a viewpoint named curse to the late comer in Economics, which means the developing countries can get to fast growing through technically imitating even if without the foundation of system. But we can find without the foundation of system the fast growing will be short-lived, even it'll bring hidden trouble to the long time. Not only the corporation state owned but also the private owned already have great development. But these developments are on the basis of the imitation of the new technology of other countries. The system of corporation was founded from the issue for enforcement of Corporate Law, and the designation is the imitation of other countries than attaching important to the inside requirements. When we talk about using for reference, it means there are limitations in our corporation system. We need the study, but the more importance is thinking much of the inside requirements through the studying.The job-hopping is becoming normality through the development of the economy. It's not obvious from the appearance of the corporate finance from the job-hopping, but the persons with abilities, especially the persons mastering the technology and managing experience are more and more important in the creation of value. Executive Stock Option and Employee's Shareholders are only prompting means, they cannot resolve the contradictions between capitals and person with ability. The new provisions, such as"technology becoming joint-stock", in the local regulations are putting up requirements to the amendment to the Capital System of the Corporate Law. The cause of strict restriction on the shape of capital is the system of authorized capital, which is adopted by our former Corporate Law. Corporate Law amended has offered the foundation to the human capital. By the contrast to the substance capital, we can draw a conclusion that the human capital can be a new shape of capital in Corporate Law. This is on the consideration of the undersurface, first of all, it is because of the impulse the development of the New Economy; secondly, the human capital is fit to be the capital of Corporate Law; thirdly, there is the amplitude space offered by Corporate Law amendment in last year.It's very difficult to ratify the human capital in Corporate Law, because it needs not only to exploit the theory of Corporate Law, but also to innovate on the face of system. It's a salvo to the people who hold the human capital if the Corporate Law can design the market access provision, the right and the obligation etc.