Research On The Legal Nature Determination Standard Of Equity Incentive Contract

In the process of implementing the equity incentive system,whether the legal status of employees is changed from the manager who owns the company's management rights or the manager who has no management right to the owner of the company,and what kind of legal nature of the equity incentive contract is theoretical and practical.The focus of the controversy.On the basis of the dilemma of the judicial recognition of the nature of the equity incentive contract and its causes,the in-depth analysis of the linkages and differences between the legal relationships involved in the equity incentive contract can be concluded in different equity incentive models,incentive targets and incentive phases.The legal nature of the incentive contract will be the boundary between the legal relationship of labor contract,the legal relationship of ordinary civil contract and the legal relationship of company equity.From the perspective of the main body,when the equity incentive object is a company director,it does not have the employee status.The nature of the equity incentive contract is the general civil contract legal relationship.When the equity incentive object is senior management personnel and other employees,it has laborers.The identity of the equity incentive contract is the legal relationship of the labor contract;from the perspective of the object,when the motivated object has the identity of the laborer,if the incentive object is exercised,the virtual equity with only the dividend power can be obtained,and the labor The identity of the equity incentive contract is the legal relationship of the labor contract.If the incentive object is obtained after the exercise of the right is the substantive equity of the transfer,inheritance and voting power,the company obtains the shareholder status of the company,and the nature of the equity incentive contract is the company's equity.Legal relationship,when the entrant object obtains the company's substantial equity,it has the company's shareholder status,and the nature of the equity incentive contract is the company's equity legal relationship.