A Study On The Legal Issues Of Employee Stock Ownership In The Reform Of State-owned Enterprises

In 2013,the third Plenary session of the 18 th CPC Central Committee gave a new mission to employee shareholding,and the meeting proposed for the first time "allowing the mixed ownership economy to implement employee shareholding in enterprises." Employee shareholding has become one of the key points of the Party and the state to deepen the reform of state-owned enterprises in an all-round way.So far,more than 200 state-owned enterprises have carried out pilot work.At the national level,a number of legal documents have also been issued,emphasizing the importance and urgency of implementing employee shareholding in the mixed reform of state-owned enterprises.The implementation of employee shareholding in the mixed reform of state-owned enterprises can promote the diversification of state-owned enterprises,improve the governance mechanism of state-owned enterprises,and alleviate the management and labor of state-owned enterprises.The contradiction of the agents,the stability of the core talent team of state-owned enterprises,and so on.However,contrary to the state’s strong support for the development of employee shareholding,under the existing legal system,there is still a lack of laws specifically regulating employee shareholding and there are contradictions between the existing relevant laws and regulations.Therefore,it is particularly important to study the legal issues of employee shareholding in the mixed reform of state-owned enterprises.Based on the basic concept,development process and basic theory of employee shareholding in the mixed reform of state-owned enterprises,this paper analyzes the basic concept,development process and basic theory of employee shareholding in the mixed reform of state-owned enterprises by using the method of literature analysis,theory linking practice and comparative analysis.Combined with the analysis of the pilot process of employee shareholding in the mixed reform of state-owned enterprises,this paper analyzes that there may be the following problems in the pilot process of mixed reform of state-owned enterprises: resulting in the loss of state-owned assets,The way of holding shares is not clear and each of the existingways has its own drawbacks;The source of funds for holding shares is few,and it is difficult for employees to participate;the withdrawal mechanism of employee stocks is not perfect,and the rights of employees are difficult to be protected,and so on.In view of these problems,this paper is combining with me.On the basis of the pilot situation of national employee shareholding,this paper draws lessons from the legal systems of the three more mature countries,namely,the United Kingdom,the United States and Japan.This paper puts forward the following suggestions on the legal construction of employee shareholding in the mixed reform of enterprises in China:amend the Company Law and other relevant laws and regulations,and formulate special regulations on employee shareholding;Strengthen the supervision and management of state-owned assets to prevent the loss of state-owned assets,establish the independent civil subject qualification of employee shareholding meeting,exercise and protect the power of employees on behalf of employees,broaden the source of funds for employee shareholding;Establish a flexible exit mechanism of employee stocks,stimulate the enthusiasm of employees to participate in employee stock ownership,and so on.From the employee shareholding All aspects should be constructed in an all-round way,actively coordinate and protect the interests of enterprises and employees,and promote the steady and healthy development of employee shareholding in the mixed reform of state-owned enterprises.