Our Country's Human Capital Contribution Legal Problems

With the knowledge economy era, the human is undergoing a more profound transformation, human capital is replacing physical capital as the dominant factor in economic and social development. Today, the gap between developing and developed countries is not or is not primarily the gap between physical capital, but the performance gap between human capital. Increasingly prominent role of human capital, human knowledge and ability will be huge energy development is the ultimate human resources, it is the best choice to achieve economic growth. Therefore, the issue of human capital investment, both in theory and in practice the importance of not only economic law to provide new ideas and theoretical material, and human capital investment for enterprise development can provide a new impetus and incentives.Although China's 2005 "Company Law" did not specify whether the contribution of human capital, but human capital theory in economics, management aspects of the research results have a considerable scale, the theory of rationality is beyond doubt. The more developed parts of the economy and domestic areas of legislation which has already begun a bold attempt, so human capital investment is also feasible. But to be recognized in the jurisprudence, but also need to complete the concept from economics to law changes and specific mechanisms designed to make human capital play in the sound system more effective.This paper studies the problem of human capital investment, first define the concept of human capital, through the enactment of legislation from abroad, of human capital investment system in our rationality; combined analysis of the status of human capital investment may face obstacles, Finally Human Capital Investment System of a series of legislative ideas. Content is organized as follows:The first part, starting with the concept and characteristics of human capital to start by defining the concept of human capital derived from the meaning of human capital investment, then the situation inside and outside the critical analysis of the legislation, aimed at human capital through the assessment of foreign legislation of our country's system has some inspiration to build.The second part, by analyzing the input and output of human capital in enterprises and the role of the impact of change on the enterprise system, demonstrates the rationality of human capital investment; then things are funded through the eligibility of capital and human capital attributes analysis demonstrated the feasibility of human capital investment, this section discusses the human capital investment for the construction of the system provides a theoretical basis.The third part, from the law, economics, such as different point of view of the plight of human capital investment, combined with the existing "Law" the relevant provisions of the Human Capital of the specific legal obstacles and technical issues. Assess the value of human capital is difficult, and the inseparability of the owner and creditor protection problems, leading to human capital investment, in practice there are still some obstacles.Part IV, in order to overcome these obstacles, trying to build from the macro and micro levels of human capital investment system in China. In the macro analysis by local legislation, found the building of human capital investment system and path of the overall framework; and from the microscopic measurement of human capital through the assessment system, the responsibility system of human capital investment, human capital investment in the share transfer system, human capital owners build specific systems such as non-compete obligations of human capital investment system to ensure operability of the system of human capital to the company's capital to China's legislative system to provide a complete reference.