Research On Equity Incentive In Company Law

since the birth and development of modern company law theory,the research on Corporate equity incentive system has been one of the focus issues of researchers in various related fields,and with the continuous development of economy,This system has become an essential part of our corporate governance structure.Equity incentive,also known as option Incentive,is a long-term incentive mechanism adopted by an enterprise in order to retain core talents,the main means of which is through the granting of shares in executives and employees ’ companies,such as the right to pay dividends,value-added rights and so on.The establishment of employees and the company risk sharing,benefit share model,so that employees in the handling of corporate affairs,with a sense of ownership to work,better service for the company,so as to achieve a win-win goal for the company and employees.since 2005 Since the beginning of the year,the construction of China’s legal system is also constantly refined and perfected around this issue,but from China’s current economic development environment,corporate governance structure and management,staff ideas,the equity incentive system to achieve further development in China there are still some obstacles,coupled with the lag of the law,This system can not better provide better service for China’s joint-stock companies.This paper is divided into five parts on the basis of the application,development and obstruction of the equity incentive system in China:The first part briefly summarizes the background and practical significance of this paper,literature review and the main methods used in the creation process of this paper.The practical significance is divided into two aspects: theoretical significance and application value.The literature review mainly includes: the characteristics of equity incentive,quantitative research,detailed analysis of the model and so on.The main creative methods of this paper are divided into legal economics analysis method and comparative analysis method.The second part briefly introduces the basic concept of equity incentive system and the fundamental theory.It mainly includes the definition of the basic terms of the equity incentive system,which is distinguished from the traditional compensation system,and some relevant theories are given in the theoretical basis,such as:Entrustment agency,Human resources and corporate governance structure,and then expounds some models of equity incentive and the legal attributes of equity incentive:expectation,personal nature and so on.The third part is mainly aimed at the extraterritorial theoretical analysis of equity incentive system.This paper analyzes the current implementation status of the equity incentive system in three countries in the United States,Germany and Japan,and makes a brief comparative analysis with the current situation in China.The fourth part analyzes and demonstrates the influence of the development environment of our country on the implementation status of the equity incentive system and the problems existing.This part mainly includes a brief summary of the status of implementation,from the status of implementation to find out what problems exist in the development of this system in China,in particular,from the following aspects:1,slow development,and for a long time only a few enterprises to implement this system.2,the design of the incentive system is generally not standardized.3,the corresponding system of laws and regulations and this system does not match.Specific analysis of the problems that arise,as well as the reasons for their emergence.The V part puts forward some suggestions for perfecting the problems in the implementation of equity incentive system.According to the problems of equity incentive system in our country,and put forward the improvement suggestions from the following aspects: first of all,from the company law,securities law,tax law and other legal norms to put forward proposals,the establishment of a basic legal system,the use of the system to provide the most basic protection.Secondly,from the company’s internal personnel arrangements to analyze how to better enable equity incentives for China’s enterprises to provide services,give full play to the sense of ownership of each employee,and promote the common development of the company and employees.Finally,from the remuneration and treatment of the company’s employees to put forward sound recommendations,in the desire to give full play to the sense of ownership of employees,there must be practical incentives,and pay is the most direct way.