Research On Some Legal Problems Of Implementation Of Stock Options In China

Since Feizeer corporation put forward stock options plan in order to dodge tax in 1952, stock option system has become an effective stimulation mechanism in industrialized country as a supplement of traditional stipend system. It. is based on the theories of agent-principal, corporation governance and human capital. The contract of stock options is a donating contract. The stock option is expectant right. There isn' t the environment of implementation of stock options in our country. The practice here is characterized with Chinese style. The practice of other countries are involved with stock sources, grant subject, grant object, exercise price, exercise way. We should learn experience from foreign mature system.In conclusion, Company Law should be revised to solve the problem of stock source. Securities Law should be revised to solve the encash of stock interest. The special legal system of stock options should be established. Tax law should be revised to make the manager benefit from it. The accounting statute to match with stock options should be established. Professional managers should be cultivated to promote the implementation of stock options.