Feasibility Analysis And System Construction Of Labor Service Contribution

With the further development of China’s knowledge-based economy,management ability and technical level of the labor in the development of thecompany is given an increasingly important position. In some cases, it can evendirectly affect the company’s operating efficiency. Labor service viewed as a newcontribution in the form of investment. However, because of labor its ownparticularities and practical difficulties, this kind of contribution has not be constituteof the forms of investment in China’s Company Law.“Company RegistrationRegulations” even expressly prohibit the kind of contribution. Companies Act inmany other countries also set all sorts of restrictions in labor service contribution. Setso many restrictions because on the one hand, as a form of investment, labor’s natureis somehow conflict to the qualification of subject matter of the Civil Law; On theother hand, influenced by the concept of China’s "capital credit”, we used to pay toomuch focus on the capital guarantee instead of capital financing.My thesis attempts toanalyze the necessity and feasibility of investment in labor by logical analysis,comparative analysis method based on the definition of investment in labor servicecontribution,and give my own suggestions of labor service contribution’s systemconstruction,to improve our company’s capital system.The thesis is divided into four chapters:Chapter one departure from the concept of investment in labor to analyze the basic characteristics of what labor conditions have funded.I think that the focus onwhether funded by labor in its expertise whether it should not be all ordinaryemployees have general manual labor, but should be able to create the special value oflabor.Chapter two compares the China’s Partnership Enterprise Law and the China’sCompany Law to find the different provisions of labor service contribution in order togeneralize the reason why labor service contribution would be restricted.Chapter three Departures from reason against labor service contribution,focusing on analysis of the labor capital assessment to determine the problem and thetransfer of circulation.Labor value of the capital by the shareholders is determined bythe way of an agreement, but the determination is not arbitrary, it should be made byreference to professional assessment conclusions.Transferability is the subject of thecontribution requirements under the concept of capital credit, the concept of creditassets will not be stressed enough,but even in the concept of capital credit, based on adifferent understanding of the company and its creditors for the transferability of thesetwo levels and requirements, through the liability regulation system as well as todetermine the protocol, labor can not be separated from the funded independenttransfer does not affect the company’s debt guarantee.So I have come to theconclusion of the feasibility of labor service contribution.Chapter four build system for the analysis of the feasibility of labor servicecontribution.Making some recommendations from five major aspects as incentivemechanism, labor assessment mechanism, accountability mechanisms, riskmechanism.Focus of labor capital assessment methods as well as its accountingtreatment, investment in labor incentive and restraint mechanisms, funded defectsliability.