Study On The Legal System Of Employee Stock Ownership In China

There are much research on the Employee Stock Ownership, but it is in a state of confusion owing to the lack of related systems. Many concrete cases indicate that the development of enterprise is due to the Employee Stock Ownership. However, many disputes such as the share ownership dispute of Huawei Company also originated from this system. The basic point of this dissertation is from the function of the Employee Stock Ownership to the design of this system. The research methods of this dissertation include the analysis on cases, on documents, on history, on comparison and law interpretation, etc. In order to provide the theory basic to the law theory of Employee Stock Ownership in our country, the dissertation researches on the concept of the Employee Stock Ownership, and it's character, historic development, theory basic, and the practice in western countries and in China. The object is to realize the harmony of law and economic.The first Chapter is the introduction. Prompting to the Human Capital is the key of the development of enterprise in our country. The current structure of capital pays more attention to material capital, ignoring the Human Capital. This chapter researches on the capital problem of enterprise just from this point. Because of the strong body collateral character of the Human Capital and the culture tradition and social psychology custom in our country, it is necessary to change the traditional thinking method. The concrete way is the combination of material motivation and sprit motivation, but the material motivation should dominate for a certain period. A preliminary conclusion that Employee Stock Ownership is the best motivation manner is drawn by comparing the current motivation manners in our country.The second chapter is the basic theory of Employee Stock Ownership. On basic of the concept and types of Employee Stock Ownership, this chapter defines the essential character of Employee Stock Ownership. Because of the advanced capital economic of the western countries, the modern theory of Employee Stock Ownership originated from them. Therefore, This chapter pays more attention to the western economic theory. It is no doubt that, it also concerns the theory research on Employee Stock Ownership in our country under the background of transition from plan economy system to market economy system. The theory of human capital more conforms to the system of Employee Stock Ownership. Basing from this theory, this chapter analyses the advantages and disadvantages of the system of Employee Stock Ownership.The third chapter is the Practices and Revelations of Employee Stock Ownership Abroad. This chapter pays more attention to introduction of Employee Stock Ownership Plans in America, the System of Employee Participation in German, Employee Stock Ownership Meeting in Japanese, and Other Typical Practices. Through it, this chapter draws the beneficial Enlightenment on Chinese Enterprises. The forth chapter is Practices and Problems of Employee Stock Ownership in China. The original practice of Employee Stock Ownership in China is the Labor-sharing in Shanxi Bank. It proves that Employee Stock Ownership could be adapted to our culture custom. After carrying out of the policy of reform and opening, many problems emerge from all kinds of the practice of Employee Stock Ownership. Through analyzing the reason of the failure of our practice of Employee Stock Ownership, this chapter concludes that different character enterprises should adopt different model. That is the last conclusion: State-owned Enterprise should attach importance to systematization and standardization, while, Private Enterprise should be free to choose the best model.The fifth chapter is Building the Legal System of Employee Stock Ownership in China. This chapter emphasizes on the Building and improving the Legal System of Employee Stock Ownership in China, basing on stock source, capital source, stock ratio, management method of stock, the rights and duties of employee shareholder,(?)"Advising draft of Employee Stock Ownership" is the conclusion of this dissertation. It's helpful to building and improving the Legal System of Employee Stock Ownership in our country.