Research On Legal Issues Of MBO

Abstract: MBO as a kind of system innovation is very important on system value , to a period of economic transition in our country: ( 1) MBO helps the reducing of the state-owned stock and corporate share in our country and realizes " the country retreats in China Association for Promoting Democracy " in enterprises as one of the strategic reorganization effective ways of state-owned economy of our country. (2) MBO is favorable to the adjustment of enterprise's property right structure of our country. It sets up modern enterprise system. (3) MBO is favorable to the setting-up of operator's incentive mechanism, improves the management states of enterprises. However, our country exposes a lot of questions during the process of implementing MBO to purchase in the situation that there is lacked with legal norm at present,: State-run losses of assets, in violation of rules and regulations financing, inside: people control, intermediary development lag behind and issue of operation sequence. To a great extent, these jeopardizes the full play of MBO front effect. How perfect relevant legal rules for standardize MBO become an urgent problem in our country.This thesis can be divided into five parts , about 37000 words. The main content includes:Foreword : Introduce concept , characteristic , value of MBO, defined the necessity of this issue;Chapter one: the historical development and comparative analysis of MBO in China and foreign countries. Mainly explained the different meaning under realistic conditions about different economic backgrounds, system conditions and development in China and foreign countries. Preserve the major premise for the discussion the system of MBO.Chapter two: main problems of MBO in our country. Offer the realistic necessity and foundation for setting up and perfecting the legal system about MBO.Chapter three: analyse the obstacle existing in the system of MBO.The author have mainly analysed the obstacle about MBO on the system aspect, especially on regulation aspect, in the operation course and make clear the goal of legislative perfection .Chapter four: the legislation suggestion about MBO. Put forward the suggestion on the basis of comparative analysis of preceding paragraphs and give modification, supplementary and perfection about relevant legislation in our country.This thesis closely connected with the reform of the state-owned enterprises in our country and thus inevitably involved in some economical theory during the course of discussing issues. It is determined by economic attribute of MBO.