Research On The Legal Incentive Mechanism Of Employee Stock Ownership Under The Mixed Reform Of State-Owned Enterprises

The state-owned economy is the mainstay of the development of the whole national economy,and its rise and fall will inevitably affect the economic and social development of our country.With the deepening of China's economic system reform,the reform of state-owned enterprises has entered the deep water zone,and the reform of state-owned enterprises is a major step to deepen the reform of state-owned enterprises.Employee stock ownership is an important form of the mixed reform of state-owned enterprises,and the introduction of employee stock ownership in the process of reform is conducive to the transformation of government functions,the maintenance and appreciation of state-owned assets,and the development of enterprises.In order to promote the reform project,employees must be encouraged to participate in the shareholding.Change based on the mixed state-owned enterprises under the employee shareholding legal research on incentive mechanism,through mixing state enterprises reform under the background of the implementation of employee shareholding incentive related problems,on the basis of the theory of economics and law,discusses the mixed state-owned enterprises to change the implementation of employee shareholding incentive theory foundation,combing analysis of the current mix of employee shareholding in the state-owned enterprises current situation and existing problems,and puts forward the construction of employee shareholding incentive mechanism countermeasures and Suggestions.In addition to the introduction,this paper is divided into five parts.In the first part,the paper analyzes the general problems of the shareholding of employees in state-owned enterprises.This part define the state-owned enterprises staff shareholding respectively and the connotation of the mixed ownership reform in state-owned enterprises,based on the analysis of state-owned enterprises on the basis of the typical cases of employee shareholding,find out the related influence factors of employee shareholding incentive in state-owned enterprises.The second part analyzes the theoretical basis of the incentive theory of employees' stock ownership by using the theory of economics and law.The content of this part mainly includes value theory,double factor theory and modern enterprise property right theory.The third part,from two aspects of policies and regulations and institutional practicechanges under the background of mixed on the current situation of employee shareholding in state-owned enterprises,points out the problems existing in the state-owned enterprises employee shareholding,the lack of legal norms,the company's internal governance structure problems,imperfect incentive plans and employee stock rights and interests safeguard misconduct.The fourth part analyzes the reasons for the hindrance of the development of employee stock ownership system in state-owned enterprises.This part mainly starts from the existing problems of employee stock ownership,and points out that the development of employee stock ownership of state-owned enterprises is mainly hindered by the following four aspects:first,the legal provisions are not perfect;Second,the incentive scheme is unscientific;Third,the protection of rights and interests is not sufficient;Fourth,the internal management mechanism is unscientific.In the fifth part,the author puts forward some Suggestions on how to construct the shareholding of employees in state-owned enterprises.In view of the difficulties in holding the employee stock ownership in state-owned enterprises,the author puts forward four Suggestions on improving the relevant legislation based on the experience of foreign countries.Second,incentive plan of employee stock ownership;Third,strengthen the rights and interests of employees' shareholders;Fourth,the establishment of employee equity withdrawal mechanism.