The Study Of Human Capital Property Rights And Employee Stock Ownership Plan

Based on the previous research, the following article expounds the forming and developing of human capital theory by analyzing the concept and expansion of it and deliberating the latest development of the theory. The author particularly analyzes the human capital property right and concludes that the possessing of the enterprise property right for human capital is of vital importance so far as the human capital inspirit is concerned. It's also potential trends for the corporate governance structure. Besides, the article puts forward that employee stock ownership plan (ESOP), as one form of the shares shift, is the practical application of human capital property theory.Meanwhile, the author brings up the basic characteristic of the similar foreign ESOP system and highlights its reference to China by comparing such systems in USA and Japan. From the angle of possibility and necessity of establishing and developing Chinese ESOP, it analyzes the practice of Chinese system of employee stock ownership plan, and resolves such problems as the understanding, policy and practical operation. The article puts forward some specific advice for standard operation of such system as the conclusion.The analysis of legal relationships among the aspects of ESOP in trust model and its solution is one of the key parts of this article. The author highlights that the trust model is the most feasible way for ESOP.In conclusion, the author analyzes the case on the ESOP of FSD which was designed by her, and discusses the enforcing result of the plan and the difficulties in which as well as the settlement to the aforementioned barriers.