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Research on the Legal System of Human Capital Contribution

Author: LiuTong
Tutor: WeiGuoJun
School: Dalian Maritime University
Course: Legal
Keywords: Human Capital Contribution Legal System
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 25
Quote: 0
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Abstract


Human capital is the stock of competences, knowledge and personality attributes embodied in the ability to perform labor so as to produce economic value. The human capital is a crossover concept of law and economics. Nowadays, the research on the human capital in economics field has developed a relatively large scale, while the first sign appears in law field and the research on the human capital failed to be carried out systematically. In recent years, with the development of market economy, a lot of shareholders’ways of contribution in practice are not required by law, and human capital is one of them. At present, Article 27 of the Corporate Law provides that "Except for assets forbidden to be used as contribution by laws and administrative regulations, a shareholder may make its capital contributions to a company in currency or by contributing such non-currency property as material objects, intellectual property rights and land-use rights that can be evaluated in the form of currency and transferred in accordance with the law." At present, human capital as the contributions to the company are not clearly stipulated in China. Therefore, the issue has increased gradually to a point that catches the attention of many national scholars, and some research results has been obtained in China. First, the thesis states the concept of human capital and analyses what is stipulated about the forms of capital contribution in the Company Law of the People’s Republic of China on the basis of other scholars’researches. And then, the paper discusses the problems existed in human capital as the contributions to the company and puts forward some legislative proposals to deepen the understanding of the problem.The paper consists of four chapters. The fist chapter sets forth the implication and characteristics of human capital contribution, following analysing the meaning and feats of human capital. And it also contrast legislative situation at home and abroad to review the concept connected with human capital. Chapter two takes the differences between the theories as the point of breakthrough in analysing the feasibility and necessity of the human capital contribution based on the provisions of the Company Law of the PRC. The third chapter presents the difficult situations the human capital contribution confronted given the present situation of legislation in our country, such as restrictions on the proportion of human capital contribution, the determination of human capital’s value, the responsibility of security flaws by human capital and the impact of human impact on "The Three basic Principles". The last chapter, from the view of the difficult situations the human capital contribution confronted, discusses the relevant concept mentioned above and puts forward the structure design and the legislation advice to the human capital contribution.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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