The Legal System Of China's Listed Companies Stock Options

Executive Stock Options as an incentive compensation system and new types of financial securities derivatives has developed nearly half a century in west countries, and has become a mature system with constant practice and improvement,then spread throughout the world. China also introduced the system and carried out exploratory attempt in the process of establishing a modern enterprise system, at present more than 100 listed companies in China have implemented this system, the effect is mixed. It can be said that the Executive stock options are still in the application of continuous improvement phase in our country.Starting from theoretical analysis of stock options, I intend to study legal principles, mechanism of action and process of practice of stock options by means of empirical analysis, dialectical analysis,comparative analysis,and case analysis in this paper. finally, based on learning from international experience and Contacting China's actual situation, I will put forward possible ways to our country's legal system and external environment about stock options.The article is divided into six chapters, each chapter also includes a number of sections, in which dwell the severity of each chapter are different. The first chapter is an overview of stock options, it introduces the concept,origin as well as its development trends of stock options, in order to accurately understand the meaning and essence of stock options, this paper introduces the concept of the distinction between other related; the second chapter analysises related theoretical of the stock options, the first section summarizes the legal nature and features of stock options, the second section focuses on the theoretical basis for the stock option system, this theory is composed of three parts, and the third section analyzes the legal relationship of stock options. The third chapter analyzes the pros and cons of stock options from both positive and negative role respectively, In addition, the chapter also analysis the need of implementation to stock option system in China. Chapter IV analysis problems of stock option encountered in practice systematically. Chapter V studies system and policies of stock option comparing with United States. last chapter is also the focus of this article, it emphasize, based on the legal norms (especially account law and tax law) and the external environment of implementation to stock options, the legal content and institutional system should be established and perfected in the future.