On The Evolution And Application Of The Legal System Of Employee Stock Ownership In China

In the history of the development of ESOP,employee stock ownership plan as the standard mode of employee shareholding system,to have a certain impact on world ESOP.Our early ESOP is from the American ESOP and the establishment,but China's early practice of employee stock ownership is the United States and the relationship between the employee stock ownership plan is not tight.By analyzing the operation mode of the ESOP,and to the time axis,the development history of ESOP in China was reviewed briefly for comparison between the two modes of construction and development.In 1980 s the open reform period ESOP originated in China,has its unique historical background,resulting in the early practice of employee stock ownership is to raise funds for enterprises,so it is inevitable in the practice of compulsory shares,staff allocation caused by equalitarianism.With the deepening of economic reform,ESOP also in the twists and turns,internal staff holding speculative basically out of the ESOP itself is a long-term investment and welfare,and even become the reform of state-owned enterprises to carve up state-owned assets tools in extreme cases.ESOP will rise and trade union shares,will be China's employee holding Stock system gradually to the right,the rapid development of employee stock carriers at this time,combined with the actual situation of Chinese enterprises and make corresponding adjustments,but the specific arrangement of ESOP stagnation,basically rely on the enterprise self exploration,that simply cannot stake in the carrier bearing the development set the ESOP,ESOP in China the system halted at the end of twentieth Century.Since twenty-first Century,the construction of China's market economy has entered a new stage,the ESOP as to attract talent,an enterprise system to promote the development of enterprises become the focus once again.Because our employee stock ownership system is subject to different types of enterprises,unified legislation so our country has not carried out a large-scale ESOP.And I the enterprise of our country in practice,combined with the specific provisions of the law,derived from direct shareholding employees,trust holdings,shell company holdings,the Commission held a new form of carrier ownership and limited partnership stake,for the specific institutional arrangement is rarely the law to be clear,still rely on their own experience With a new round of exploration.The curtain of the reform of the state-owned enterprises opened,provides an opportunity to set up employee shareholding system of state-owned enterprises,state-owned enterprises for pilot shareholding employees has been kicked off,but subject to the requirements of state-owned assets,in the implementation of ESOP in state owned enterprises still have a long way to go steadily.Explore different from the state-owned enterprises,the listed company of our country has worked out in practice,a relatively perfect employee stock ownership through the construction of the road,in the listed company ESOP pilot,the system of specific arrangements to further deepen,the ESOP really conducive to employees,the company with the countryThe direction of economic developmentCompared with the state-owned enterprises to set up employee shareholding system constraints,the private enterprise of our country is to be flexible and simple.The creativity of many private enterprises require enterprises to retain core talents,through the construction of a modern enterprise system,standardize corporate governance,improve the production efficiency,the implementation of ESOP is also a matter of course.Choose diversified stock carriers well,the state-owned holding enterprises,institutional arrangement of listed companies for reference,private enterprise employee shareholding system construction provides a very convenient way.The realization of China's legislation of employee shareholding system there are still many obstacles in the short term,but for the advantages of ESOPThe potential to be further released,ESOP long-term investment and social welfare to ease labor relations,narrowing the gap between rich and poor and resolve social contradictions are indispensable role.This paper argues that China should gradually develop the ESOP of preferential tax policies,the ESOP into real economic interests.In order to promote China's economic development and the social security system.