Researches On Some Aspects In Law Of ESOP Of State-owned Enterprises

The state-owned enterprises have to face the further inevitable difficulties, even they have performed a few reforms, such as granted the business right or some benefit from the government, allowed the profit instead of tax or contracted to someone. In a word, all above reforms did not involve the ownership of the enterprises, ignoring the benefit of the enterprise employees, the principal part of the reform. This article advocates that the reform should start with the property right, the reform object should be establishing the modern enterprise system and conducts a direction that one enterprise can be more owners including its employee. Reviewing the history of reforming state-owned enterprises. This part describes the formation and shortcomings of the traditional state-owned -operated model ,analyses the reform in a decentravization way, and points out that it hasn抰 broken through the model of planning economy, the low degreee of which can抰 guarantee enterprises sufficient independence, and the high degree of which may lead to the loss of the rational control. In the same way, the limitation of reforming in a responsbility system way which features the separate ownership and management is also discussed in the aspect of economics and laws. At last, this article drew a conclusion that a new system should be founded for the reform of state-owned enterprises: that is to turn the employees into shareholders. In the constitution of the system, the article investigated the advanced experience of abroad enterprises in which the employees are the shareholders, analyzed the meaning of the system and studied the successful mode of the China agriculture reform as reference.