Research On The Legal System Of Employee Equity Incentive In Non-listed Companies

With the rapid development of economy in our country,more and more enterprises,especially the non-listed enterprises with good performance,have gradually realized they were hitting the bottleneck during the period of self-development.Such as how to transform,how to arouse the enthusiasm of employees and how to increase the performance.In order to break through these difficulties,some companies effectively encourage employees to carry out new business,the whole staff can pay for the subscription.After the short-term operation,the employee can get dividend according to the amount of capital contribution besides the monthly salary.This phenomenon showed us with simple and plain way that the positive effects of employee stock ownership incentive plan.It is worth popularizing the new company management system.The concept of employee stock ownership incentive plan derived from well-developed countries in 1950 s,for increasing the development efficiency,keeping talent employee and enhancing the company scale.The core concept is that the company provides conditional stock rights voluntarily to part of employees in order to keep them long-term serving the company and create economic benefits.The employees,who meet the requirements of stock grant,hold the company's shares with shareholder's equity,can be called as incentive objects.On the legal viewpoint,this paper studies the advanced foreign legislation concept and juridical practice,combines with China's national situation,and analyzes the objective situation in the operation of the system and discusses the solution from the special group of non-listed companies.This paper consists of Introduction,Text,and Conclusion.The text includes the following contents.The chapter one focuses on the theoretical concept analysis of employee stock ownership incentive plan.It includes employee shareholding,interior employee share,management buy-out,stock option and etc.The legal relations involved are sorted out.At the same time,divides the different types of non-listed enterprise employee stock incentive according to the development status.The chapter two has a legal analysis on the source of incentive funds in employee stock incentive system in the United States,Japan,France and other countries,and evaluates one by one to find the usefulreference points for our country.The third chapter focuses on the research and discussion on the protection of rights and interests involved in employee stock ownership in China.By describing the various kinds of obstacles encountered when the employees and shareholders exercise the relevant shareholder rights,analyzing and evaluating advantages and disadvantages comprehensively according to the relevant provisions of the foreign advanced system,to choose suitable legal supporting measure to our national system and economic development condition.The chapter four has a legal analysis on the tax preferential policies of employee stock incentive system in the United States,Japan,France and other countries,and evaluates one by one to find the useful reference points for our country.The paper applies actual evidence method to expound problems which encountered in employee stock ownership incentive area,and embarks from the realistic condition and legislative problem to analyze national legislation of china and Anglo-American law system.Integrate theory with practice,and puts forward the legislation proposal which is suitable for the current situation of our country with the method of sociological analysis,so as to make certain contribution to the perfection and development of the legal system of the employee stock incentive to inform.