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Research on the Legal Issues about the ESOP Association

Author: HuangFuLing
Tutor: WuJianZhong
School: Shandong University
Course: Legal
Keywords: ESOP Association History Evasion of Law Other organizations Trustee in the trust relationship
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 39
Quote: 3
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Abstract


In our country, the ESOP Association as the ESOP system an important system design, became an integral part of the implementation of the ESOP system measures, therefore, the implementation of the work as the novelty of the reform had great fanfare in full swing legislative inherent not only seriously restricted its continued development of also makes its ups and downs, the ill-fated. With the introduction of a series of documents such as the Ministry of Civil Affairs, the SFC, the ESOP Association seems to have reached a dead and hopeless situation. When in practice we face many \vision. Beneath the seemingly calm appearance of the ESOP Association is fact Anchaoyongdong. With around to clean up the beginning of the dissolution of the ESOP Association action, some potential legal issues are beginning to emerge. How to properly address these issues, building a harmonious society for the protection of the legitimate rights and interests of the ESOP Association, will undoubtedly have great practical significance. The author use case analysis, text analysis, comparative analysis and other research methods, and to draw on existing research in economics, sociology and other related disciplines, as the theory and in fact support. The paper is divided into five chapters, the main content is as follows: the first chapter: \The background of our ESOP Association system, the process of generation and development, and towards the end of the rope, a detailed search, a summary of its \Chapter II: \Of our ESOP Association throughout are legal circumvent state output freak. \Chapter 3: practice the operation - the investigation and evaluation of the existing mode of ESOP Association. Broadly speaking, the operational practice both our ESOP Association mode can be summed up as a separate corporation aggregate model by unions juridical association mode, independent mode of corporate social groups, relying unincorporated association mode operation of trade unions , Proxy unincorporated body mode, corporate model, trust model, free to choose mode eight, but that the operation of all the practice, in varying degrees, there are some loopholes in the law. Chapter 4: theoretical exploration - the review under the existing legal framework defining the nature of the ESOP Association in China. In theoretical circles, the research of scholars for the nature of the ESOP Association, most of them tend to the protection of the ESOP Association. To some degree, this theoretical exploration, more like the \Follow-life trajectory circumvent legal ESOP Association, under the existing legal framework, the most appropriate definition should be the nature of the ESOP Association is a private non-enterprise units. Chapter 5: confirmation of a special civil subject - under the current legal framework on the improvement and transformation of the ESOP Association. Improvement and transformation of the existing legal framework, to the status of \can solve the ESOP the main design predicament smoother.

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