Research On The Legal Issues About The ESOP Association Of The Company

ESOP Association as the employee stock ownership system in China is an important vector in the joint-stock reform of state-owned enterprises restructuring and has played an important role. ESOP Association appeared in China is mainly distributed inconvenience to resolve internal management of the employee stock ownership, employee stock ownership system can be said to play "fire brigade" role. However, when China's corporate system in its infancy, many of the relevant legal systems are in the process of exploring, this is government policy to promote the establishment of employee stock ownership provided an opportunity. What's more, as the company gradually improved legislation, supporting the formulation of laws and regulations, we find that employee stock ownership got legal identity, this situation has continued to the present. ESOP Association and the shares of not only state-owned holding company is still relevant, ownership of other companies also have practical effects of this situation, the employee stock ownership will always be people's concerns go.This paper attempts to historical analysis, text analysis, comparative analysis and case studies and other research methods to the basic principles of civil and commercial law as a guide, combined with employee stock ownership of the current laws and regulations and policy approaches to analysis of ESOP Association had the legal problems and how to resolve these legal issues, some constructive suggestions for the development employee stock ownership will provide some help.Paper is divided into four parts. The first part is the generation of ESOP Association and the evolution of laws and regulations, mainly focuses on the holdings to the background, historical origins and development process of the evolution of laws, regulations and policies, through the employee stock ownership has the background and Analysis of the historical reason for the subsequent holding of the legal issues exists to provide historical materials, in particular the various provinces and cities in the country and the introduction of the ESOP Association's management approach to focus interpretation. The second part is the analysis of the existing ESOP Association legal issues, analyze the legal issues underlying the causes and background, and detailed analysis of the problems, which focuses on the ownership there were the most difficult legal issues, and Long-term development of employee stock ownership was the impact. The third part is the plight of the employee stock ownership faced legal obstacles and value re-orientation, focused on employee stock ownership faced legal obstacles to analyze and study the causes of these legal restrictions, and finally proposes the current staff who should be perfect Shares will be laws and regulations, not just withdraw to solve the problem of ESOP Association. In addition, employee stock ownership will reshape the social background of the current value and its deep mining. The fourth part is the development of our employee stock ownership will improve the legislative proposals, mainly from the ESOP Association's legal status and legislative models for analysis and, ultimately, improve our employee stock ownership will develop legislative proposals, mainly through the basic Legal modifications, the formulation of administrative regulations, and holding together the constitution to protect the use of the healthy development of ESOP Association.