A Study On The Legal Issues Of The Employee Stock System In China

ESOP(Employee Stock Ownership plan) is a common system in the western countries. But in China it begins to develop very late. There are a lot of legal issues to be solved. This thesis discusses several main issues in the course of running of ESOP based on the legal idea.This thesis is divided to six chapters.The first chapter analyzes the definition, value and legal idea of ESOP. The second chapter analyzes the exchange right, voting right and source of Employee Stock. The third chapter analyses the operation form of the Employee Stock-ESOT. The establishment of ESOT is not only beneficial for realizing the inspiration aim and welfare aim of the employee stock, but also for the employers to participate in the management of the company. The fourth chapter makes some explanations on the action of abusing the Employee Stock and proposes that fiduciary of the ESOP also has attention and fidelity obligations. The fifth chapter puts forth some questions and suggestions on the present Employee Stock regulations in China. It holds that the contemporary legal conceptions in this regard in China attach too more importance on the pursuit of short-term interests; the setup of the Employee Stock is impeded to some extent by the other relevant laws such as Company Law; and the form of ESOT is not reasonable in some aspects. All these problems are expected to be solved in some rational ways.