我国人力资本出资的若干法律问题

Legal Problems about Human Capital in China

我国人力资本出资在法律上是否具有可行性,理论界一直持否定态度,认为人力出资存在评估上的困难,以及无法保障交易安全从而损害债权人利益。应当说,以此为理由是片面的,因为这种状况在其他出资方式上同样是存在的,但并没有影响法律对此加以肯定。至于人力资本出资者的有限保证责任,则违背了公平原则。人力资本出资者应当享有有限责任,同时可用公示制度来平衡出资者与债权人的利益。

In terms of the question as to whether it is feasible to provide for the investment of human capital in law, the answer of the Chinese academics is negative, for they find it is difficult to assess human capital, to ensure the safety of transactions and to protect the rights of creditors. But their position is not fully reasonable, since other modes of investment that are described in law may result in the same problems. As to the limited warranty liabilities of human capital investors, this author determines that they are contrary to the fair principle. Thus, he urges that human capital investors should take limited liability while a publishing framework can be adopted to balance the rights of investors and creditors.