Research On The Legal System Of Stock Option

The system of stock option is a way that the owners of a company grant managers the right that buying the certain quantity of stocks of the company in a deadline by the certain price,which is a long-certain effective stimulating system,and its goal is to stimulate managers to chase the most greatest profit of the company and to enjoy the profit together with owners of the company.The system of stock option has developed and standardized well overseas,but still a legislative blank in our country.However,stock option is not strange to our country in the least.Since 1999,the system of stock option has been widely accepted and applied in our company practice and set up in the form of government regulations and normative documents.This article starts from the analysis on the prototype of the system of stock option,comparatively studies on its development abroad and at home,demonstrates that the stock option system is reasonable and necessary in the company of our country,and in the end discusses how to device and consummate the system of stock option in our country in a long run.This thesis can be divided into three parts,the preface,the text and the conclusion,and the text consists of four chapters.Chapter 1:General introduction of the system of stock option.First, it analyzes on relative concepts of the system and contents,and describes the origin and evolution of this system in a historical angle,the company carried out the stock option system for avoiding income tax initially,and this system becomes company's long-term effective stimulating system in the later.Second it focuses on the practical and company law basis of this system,proving its rationality,and concludes in a further step that the innovating significance of the system of stock option to the development of our country's company.Chapter 2.The practice and sum-up of the system of stock option applying in major countries(districts).First it enumerates the relative legislations and company's practices in major countries(districts).,and makes its comparison and appraisement,and induces that the mature and normative system abroad provides a good legislative reference to our country,every country(district) develops its own characteristic system in accordance with their own situation and specified practice.Chapter 3:The development of the system of stock option in our country.Following the track of our company,with the government regulations and normative documents in different terms as the clews,it discloses the sprouting,establishment and creative development of China stock option system and emphasizes and analyzes on rationality argumentation and meaningfulness of the system of stock option.Then it comparatively studies on its development abroad and at home,in the end concludes that the complete system of stock option is not yet legislatively set up in our country and carrying out this system in our country encounters legal difficulties.Chapter 4:Legal countermeasures to device and consummate the system of stock option in our country.It analyzes the reasons to set up such system in our country,then comes up with how to device and consummate stock option system in our country referring to the overseas experience and combining with our own national situation.