Research On Legal Issues Of Human Capital Contribution

The confusion of “surplus of economic growth” has led to the problem of human capital.Although human capital has the characteristics of personal attachment,invisibility,variability,long-term delivery,exclusivity,and specificity.However,with the economic growth,advances in science and technology,and the continuous growth of social wealth,the stock of human capital is on the rise,which is playing an increasingly prominent role.In comparison,the importance of original material capital has declined.Human capital Being the primary factor of production is more important than other material capital.Economically developed countries refer to human resources as the first resource "First Resource." How to attract and retain more talents with knowledge and skills is an important issue for companies in various countries.Under the background of the shift from capital credit to asset credit,the operational function of human capital begins to be highlighted and combined with material capital to achieve asset growth.In addition,from the perspective of the company or the protection of the human capital owner,letting the owner of the human capital become the shareholder and linking it with the interests of the company are the best choices.A relatively large obstacle to human capital investment is the problem that human capital is difficult to measure.Therefore,the assessment is of great importance in the capital contribution of human capital.It can solve the problem of certainty in value and public credibility,and pave the way for capital investment in human capital.This paper proposes three evaluation principles that are based on respecting the autonomy of the company and adding a post-supervision type of statutory assessment system,and based on the changing characteristics of human capital,coupled with the principle of dynamic adjustment.The system construction of human capital assessment technology,evaluation information disclosure,and evaluation responsibility provides a basic framework for human capital assessment.Because of the personal dependence of human capital,it is impossible to enforce the transfer of human capital use rights or to offset the debt,which leads to the company's creditors' rights and interests in an uncertain and insecure state and threaten the security of the transaction.Therefore,this article believes that the shareholders ' liability mechanism should be arranged.The article describes the problems arising from the lack of responsibility,as well as the liability for replacement of property,and the addition of shareholder-compulsory life insurance in human capital,in order to resolve the issue of insufficient funding due to the accidental human capital investor.In addition,the rights of shareholders must also be restricted: To prevent the company from losing its dominant power of the company and to obtain the value of the capital invested,it is necessary to impose additional obligations of prohibiting competition on the shareholders of human capital.In addition,due to the difficulty of homogenous replacement of human capital and the replacement of material capital,the transfer and withdrawal of equity in capital contribution from human capital should also be restricted,but the complete prohibition of transfer and withdrawal may not necessarily achieve its original purpose and effect.Therefore,it is more appropriate to adopt a restrictive attitude.