On The Trust Development Of The System Of Employee Stock Ownership In China

As early as the end of the last century, with the beginning of the process of state-owned enterprisesfrom state ownership to joint-stock system of internal staff share sprout in China, but China’s thissystem with employee stock ownership plan referred to in the European and American countriesdifferent features. Although have sprung up in the practice of a variety of employee shareholdingsystem construction, but in the judicial field and academic circles in our country, on the theory ofthe system and law to prepare is not enough, the ownership model face various obstacles.After this, continue to push forward the joint-stock system of state-owned enterprises reform, andtransformation in our country’s economy is in a crucial area and deep water area. Along with thesocial gap between rich and poor increase, the enterprise equity component of increasinglycomplex, necessity and urgency of the employee stock ownership plan is also growing.Therefore,trust modes started in the practice to perfect the employee stock ownership plan of our country.This article attempts to clarify the process from Chinese "ESOP" Organization to trust modesthrough the three cases, and in the judicial practice, how to use the trust law to straighten out therelationship between company, the worker group and the employees.Then the author also discusses the problems arising from the practice of the trust mode.None ofthe systems can leave nothing to be desired．Neither does the ESOP. It needs other system tosupport．We have to perfect it gradually.In allusion to the difficulties and problems occurred.inthe ESOP practice，the penman put forward some advice by using the experience of the maturemarket economy countries for reference:Setting up our ESOP legal system and favorable taxation;Making great efforts to expand financing channel; Establishing standard equity repurchasemechanism;Developing regulatory system to ensure healthy development of ESOP in our country.