Analysis Of The Relevant Laws Of The State-owned Enterprise In The Employee Stock Ownership System

The system of the employee stock ownership is a kind of system which means that part of the company's shares is held by its staff members, by which the staff members take part in managing the enterprise, monitoring the enterprise and sharing the profit of the enterprise. It's a new form of property. Under this system, the staff members are the labors and the owners of the capital as well as of the property. The system originated in America and now has widespread every corner of the world, the western developed countries in particular. China began to carry out this system since China tried to reform the system of the national enterprises' shares. However, many problems arise, such as the necessity of carrying it out and the way to regulate it, which will be studied as followed.The system of the employee stock ownership appears and exists on the basis of legal principle. First, it presents the law's orientation of the equal value. Next, it realizes the law form of the staff's position as the owner. Furthermore, it is the effective choice of perfecting Chinese companies' managing structure.Early in the twenties of the 20th century, the western countries as America began to carry out the plan of the system of the employee stock ownership. The plan practiced in America, Japan and England plays a role in strengthening the enterprises' cohesive force, relaxing the contradiction between the labor and capital, and improving the productive efficiency. England and America in particular grant great preference and support in the terms of law and taxation.Enlightens from the western countries experience.1. The requirement of definite aim of practicing the system.2. The capability of relaxing contradiction between the labor and capital, raising the staff's income and narrowing the gap between the rich and the poor.3. The moderate regulation and support from the government.4. The establishment of a special agency to manage the staff members' shares and restrict the transit of the shares in order to guarantee the consistence in staff's benefit as well as that of the enterprise.China has undergone three stages in the development of the system of the employee stock ownership. Different forms of holding arise as internal staff's holding shares and the staff members' commitee's holding shares.1. Problems arising during the practice1) Problems in internal staff's holding shares2) Strong regional and department's features in designing the system3) Obscure inspiriting function4) The open system's disability to connect the staff and company5) Lack in managing regulations2. Problems of the staff members' commitee's holding shares1) The existence of the legal obstacles2) The unbalance between shareholders and the other staff members3) Various unfavorable results from internal transition4) Obstacles in purchasing back the sharesThe way to improve China's system of the employee stock ownership depends on the aim of practicing it. It's believed that in practicing the system the Chinese government aims at staff's becoming the owner of the enterprise, raising staff's welfare, improving efficiency and the company's structure. Based on the points as mentioned above, several suggestions designed to improve the system are demonstrated as followed:1. The system of obtaining the shares1) The limit in purchasing the shares. The regular staff and the directors and supervisors should be included.2) The percent of the shares. The staff's shares should be no more than 30 %.3) The distributing principle. The principle in mainly based on the staff's contribution, duty, wording years, salary and position.4) Purchasing price. The staff can buy the shares at the price of no lower than the market price.5) The origin of the capital. The origin shouldn't be limited in cash.6) The way of purchasing. The staff can buy in the personal name.7) The purchasing time.2. The system of the staff's holding shares c...