职工持股法律问题研究

劳动力和资本结合创造了剩余价值 ,职工也应当和股东一起共享剩余索取权 ,职工持股是实现职工剩余索取权的手段。西方国家职工持股的实践证明 ,职工持股制度可以缓解劳资矛盾、调动职工的工作积极性和创造性 ,改善公司治理结构 ,提高劳动生产率。中国国企改革中推行内部职工股制度 ,并未达到预期的效果。借鉴日本的职工持股会持股制度 ,应是中国职工持股制度的恰当选择。制定统一的有关职工持股会持股的法律是规范和推进我国职工持股制度的关键

On Legal Problem of Employee Stock Ownership

The combination of labor and capital brings about surplus value. Employees should have the right to share surplus value with shareholders. The system of employee stock ownership is the very means to help employees to enjoy the right. The practice in the western countries has proved that the system can mitigate the conflict between employers and employees, stimulate the enthusiasm and creativity of employees, perfect the structure of corporation government as well as improve labor productivity. The system of individual employee stock ownership practiced in the reform of China's state-owned enterprises has failed to meet the expectation. The wise choice is to learn from Japan to implement the system of owning stocks by the committee of employee stock ownership. The key point in regulating and advancing the system of employee stock ownership is to formulate a set of laws relevant to the system of owning stocks by the committee of employee stock ownership.