对经营者实施股权激励的法律分析

Legal Analysis of Implementing Stock-based Incentives for Managers

对经营者实施股权激励在中国法律上有两大障碍 ,一是经营者所持股份的来源如何解决 ,二是经营者如何取得股份。在借鉴国外立法经验对中国企业具体做法进行法律分析的基础上 ,提出了引入折衷资本制 。

There are two legal obstacles in china in implementing stock-based incentives to managers. One is how to resolve the resources of managers′ shares. The other is how the managers get their shares. With references to foreign legislative experience and on the basis of Chinese enterprises′ practice, the paper makes two legal suggestions: acceptance of the eclectic authorized capital system allowing the managers to legally get their own shares to eliminate those two legal obstacles.