On The Human Capital Contribution

Physical capital and human capital are the existing forms of capital. Given the major role of the traditional physical capital in economic development,"Company Law" to ensure that the production of physical capital from the perspective of certain physical capital as shareholders of the Company’s contribution in the form, the use of investment to maximize the value of physical capital. But with the economic globalization and knowledge economy era, the human capacity, technology and intellectual factors such as the sustainable development of the role of economic, social increasing the status of human capital in economic development has gradually beyond the traditional physical capital, especially is more significant in high-tech industry, the law how their use to provide protection mechanisms? However, the current "Company Law" but then as one of the important capital use-human capital as a form of capital contribution of shareholders be denied. Accordance with the contractual nature of the theory is reached by the owner of human capital and physical capital owners, human capital is becoming increasingly important in modern society, the social context of knowledge-based economy, high-tech age, human capital have financed decision in the form elements of the research is imminent.Since the beginning of the company’s prototype, the company’s main function is to fund-raising convenience. The evolution of company law can be attributed to the protection and achieve the company’s traditional functions-to raise capital and use of capital function of history. The company’s capital comes from contributions by the shareholders, the sum of the contribution of all shareholders that the company’s total capital. Should be the most important value targets of the corporate capital system in order to facilitate fund-raising, smooth financing channels, while its role in safeguarding the security of property or the company’s debt guarantee primarily normative in the course of the operation of the company’s capital, which is available through a series of system design. Shareholders’ capital contribution obligations cash whom can also be other than cash the company’s business required to offset the property, known as the specie contribution. For the contribution of the present material must have the following elements:the usefulness of the transfer and value assessment. Human capital is fully equipped with a contribution in the form of three elements, and invested in human capital does not lead to limit the contribution of personal freedom and assault and battery phenomenon occurred. Consideration in view of China’s abundant labor resources and other national conditions, to allow human capital as the company’s contribution in the form, is the recognition of labor as a form of capital contribution, here for the labor invested by the company should be required for the operation of the company, beneficial to the company’s production and operational to create a particular value of advanced, complex labor. With advanced technology, management experience is increasing in importance in the operation process, and to allow investment in labor legislation can take advantage of the ability to work, actively involved in the company’s management of research and development and managers keen to encourage high-tech talent reasonable for adequate demonstration of corporate governance practice, such as dry shares, employee stock ownership, stock options, the new system has important theoretical significance.After full evaluation under the premise of the theoretical foundation of Human Capital, there is a need to design a system suited after China’s current legal theory, including human capital evaluation system, periodic verification system on the contribution of human capital, the shareholders’ capital contribution obligations not fulfilled finished may be performed prior to the bonus system, the shareholders of the Company’s responsibility system, the human capital invested shareholders’ equity or shares free transfer of the prohibition of the system, in order to remove the institutional barriers of the contribution of human capital theory, to ensure the feasibility of the theory.