Research On The Legal Issues Of Employee Stock Ownership In The Mixed Reform Of State-owned Enterprises

Employee stock ownership(ESOP)system,which originated in Europe and America at the end of 19 th century and the beginning of 20 th century,is a system in which employees hold company equity and then participate in corporate governance and benefit distribution.The Third Plenary Session of the 18 th Central Committee of the Communist Party of China put forward the new view of developing ESOP system with the goal of building a community of interests of capital owners and workers,which ushered in a new era of improving and developing ESOP system in the process of mixed reform of state-owned enterprises in China.The research on ESOP in this paper focuses on ESOP system,first,introduces the concept of ESOP system.Then,depand on the cases of implementation of ESOP system of Gree Electric Appliances and Yunnan Baiyao Group,as well as the judicial precedents related to the mixed reform of state-owned enterprises and employee stock ownership,it explores the legal problems in the process of mixed reform of state-owned enterprises,such as the application of the main body,the operation of shareholding platform,etc.In the end,this paper puts forward some suggestions such as improve the laws,clarify the regulatory body,and develop the trust shareholding platform.