Legal System Construction Of Human Capital Contribution

The year 2005 is a year that the Company Law was modified a lot. The modified Company Law lowered the register threshold on a company, relaxed the request of the form of the company's capital. Some compulsive items were also modified into arbitrarily items, so it gave the shareholders more independent power. However, it is a pity that the modified Company Law still did not accept the Human Capital Contribution. For all that, the Human Capital Contribution was still accepted by many people and was put into the practice by some local governments. This article is mainly to discuss the possibilities and the rationalities of the Human Capital Contribution and put forward some suggestions of legislation as far as possible.The Human Capital is the totals of the knowledge, technique, ability and physical strength that was condensed in the human body and have the economy value. Because it exist in the human body, it has many features such as it is difficulty to value and transfer, it's value is undulate, it is special to a company,etc. Those features make it hard to be registered capital in the Company Law. Seemed from the research angle of the company law, the Human Capital can be divided into three types: the first is the general, the second is the manager, and the third is the technician. Owing to the extreme importance of the last two types, the author suggests that the Company Law allow them to be registered capital at the present.From the angle of the labor force right and the value of the law, the Human Capital Contribution is reasonable. The process that people who have the human capital operate the company and get earnings from it is the process of the realization of the labor force rights. The Human Capital Contribution also reflects the requests of law's value, such as the fair, the justice, and the efficiencies and so on.There are many negative points on Human Capital Contribution in the world. Those negative points are essential to the theory development to the Human Capital Contribution. We should accept the reasonable suggestion and at the same time criticize the unreasonable views.In our country, many local governments allow the Human Capital Contribution; it includes the Jiangsu Province, the Shanghai City, the Wenzhou City, etc. These items suggest that the Human Capital is needed in the process of economic development by many local governments. In fact, the difficulty exists on the Human Capital Contribution can be resolved as long as we design a set of feasible cases to keep away and dissolve the potential risk. On the base of others'study, the author put forward to some feasible suggestion on the Human Capital Contribution. The article is to make a humble contribution towards the study on Human Capital Contribution and to promote the economy prosperity of our country.