The Legal Choose Of The Pattern Of Employee Stock Ownership

Taking the Public ownership system as the main body of modern enterprise system is the socialism market economic system's foundation. It is also the direction of our country state-owned enterprise's reformation. Establishing a modern enterprise system, which characterized by clear ownership, specific power and responsibility, strict protection, free transferring, is most important. The system of the employee stock ownership (or be said Employee Stock Option Plan: ESOP) is a new kind of property system , which means the part of the company's shares is held by its employees who can take part in managing and monitoring the enterprise to some extent and sharing the profit of the enterprise . ESOPs have superiority in encouraging employee and improving the productive efficiency and solving the contradiction between the employee and employer. Thus, it is becoming the trend of reform in our country. In the 1980's, following the step of the state-owned enterprise reforming , ESOP start to be carried out in our county, and it experience a complicate process. However, in our county, its pattern's uncertain restrains its development seriously. We should do a legal analysis about the pattern from a meaning expression's prospective, considering whether employ's meaning could be realized in the frame for managing the company, and make it as a pattern characterized by trust and investment corporation' s model. This paper compares several present Employee Stock Ownership models, and analysis their problems. From it, we could find that the trust and investment corporation's model has such advantages:the meaning expression is independent and equal. And it could enhance meaning expression's efficiency. Thus, in choosing the pattern of Employee Stock Ownership from the prosses of meaning expression,the trust and investment corporation's model is undoubtedly the best choice.