The Analysis To The Legal Matter Of The Human Capital Investment Under The Company System

Knowledge economy time's arrival causes the human capital to play more and more vital role in the socio-economic development, the human capital has been demonstrating it in the social product formidable vitality. But because the human capital investment has certain risk and the barrier in the practice operation, thus is removed by the majority country's Legislatures outside the corporate capital system. If can eradicate in the practice operation the barrier, melt risk, then the human capital investment definitely will integrate the corporate capital system. Therefore, this article in view of human capital's characteristic and the barrier which appears in the investment practice, has carried on some ponders in the legal stratification plane.This article altogether is composed of four chapters, using the level to enter the type elaboration way. The concrete structure is:The first chapter outlines to the human capital. This chapter first refers to the human capital theory the evolution and in the legal science implication, subsequently pointed out that the human capital has is different with the traditional physical resource capital six characteristics, finally according to the knowledge structure, the skill level and the specialized degree's difference, divides into the human capital the management human capital, the technology human capital and the general human capital.The second chapter under elaboration corporate system human capital investment inevitability and feasibility. This chapter first elaborates under the company system the human capital investment inevitability: In the modern company, the enterprise, the human capital has a more prominent status and the function; The human capital investment has manifests the mental labor value, is advantageous in the deeper level protection intellectual property rights, is advantageous in the enterprise management structure improvement and so on practical significance; Human capital's initiative and the specificity have decided the human capital investment inevitability. Next elaboration under company system human capital investment feasibility: The human capital same physical resource capital is the same, has the capital transport business and guarantees two big functions; The human capital has to company's beneficial, but dominant, the creditor protects investment and so on possibility legal suitable standard important documents; The domestic and foreign human capital investment's legal practice the human capital investment's feasibility has provided the practice foundation for the company system under.The third chapter elaborates under the company system the human capital investment barrier. In actual operation, human capital, because has its particularity, also has certain investment barrier: Human capital's invisible, the potentiality and forming process's complexity causes its value assessment existence barrier; Because the human capital many factor existences rise in value with the question which disparages; The human capital like enters the corporate capital, then it accounts for how many proportions in the total capital only then suitable, thus has the derogation proportion problem; Under Our country Present Company legal regime, human capital existence concrete legal impediment.The fourth chapter elaborates under the company system the human capital investment system design. This system may design from the following several aspects: First from legislative stratification plane design human capital investment entry with withdrawal system; Next sets up the human capital appraisal system, to human capital's appraisal method, the appraisal main body and the appraisal surveillance is clear, makes every effort to appraise has the feasibility and the guarantee appraisal accuracy; Once more, sets up the human capital investment the liability system, maintains the company and the creditor benefit; Finally, because the human capital funder's skill may duplicate uses, for does not cause the company benefit to receive the harm, should set up the human capital funder to compete industry forbids the system.