The Study On ESOP Concerning The System Reformation Of State-owned Enterprise

ESOP which is originated from the beginning of 20th century in America brought in both economic and social efficiency during practice. ESOP in P.R.C. appeared after Reform and Open Policy and became an important means to transform state-owned enterprise into stock hold enterprise. There have been various types of ESOP practices in the past 20 years. So a fierce argument on law problems of employee stock ownership during the process of state-owned enterprise restructuring exists for a long time in law field.ESOP directly affects the reformation of state-owned enterprises, for it is widely used in the system reformation of state-owned enterprises. All kinds of problems brought by the restructure process of ESOP force us to review the system again. As a result it is significant to study the necessity and feasibility of keeping on carry out the system in the process of reformation, analyze the existing problems and cause, put forward the suitable suggestion, establish the direction and route to develop ESOP.This essay sets the existing law problems and form of ESOP in the process of state-owned enterprise system reformation as the object and aims to improve the ESOP system. The essay first gives definition to ESOP and describes ESOP's character. It analyzes the strong point and weak point during the practical process of ESOP. It also points out the significance of ESOP in the process through reviewing the developing status and law character of ESOP in America and P.R.C. which are shown as below: It is good for realizing the strategic adjustment of state-owned economy and establishing efficient structure of business entity; it is good for raising the subject who benefits from transform and reinforcing the developing motive of state-owned enterprises. Then the essay analyzes several typical ESOP methods in the process of transforming state-owned enterprise into stock hold enterprise at present from the law angle, and majors in studying the main problems existed in the process of reformation. The essay points out that only the integrated legislation is able to solve these problems and change the disordered situation brought by ESOP.The essay also suggests that it establish employee stock ownership trust system in order to give ESOP a standard; what's more, employee stock ownership trust system should be designed to give ESOP a standard. The authority should push forward the combination of ESOP system and social security system, further the improvement of tax law and trust regulation to form interest community and promote the development of Market Economy of Socialism...