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国家推行混合所有制的核心在于引进不同的资本形成资本之间的相互制约从而提升企业的活力。但是,这仅是从资本的角度提升企业活力的一种措施。在采用的提升企业活力的措施中,更应当关注人。而员工持股同时从资本以及人的角度,提升企业的活力,符合混合所有制的目的。员工持股制度,更能够让员工与公司成为利益共同体。充分的实践证明,员工持股制度能够有效地克服现有劳资制度设计缺陷,能够在企业,特别是国有企业与员工建立积极的激励因素。所以应成为混合所有制推进中重要的一个环节。立法应当将其纳入未来编繤的《民法典》物权法中,在国有、集体所有、个人所有之外的一种特殊所有权形式加以规定,且增加相应的物权处置特殊规则。
The core of the state’s implementation of mixed ownership is to introduce mutual restraint between different capital formation and capitalization so as to enhance the vitality of enterprises. However, this is only a measure of enhancing the vitality of a business from the perspective of capital. In the measures adopted to promote the vitality of enterprises, we should pay more attention to people. Employee ownership at the same time from the perspective of capital and people, to enhance the vitality of enterprises, in line with the purpose of mixed ownership. Employee stock ownership system, more able to make employees and companies into a community of interests. Adequate practice has proved that the Employee Stock Ownership Scheme can effectively overcome the design defects of the existing labor and capital system and establish positive incentives in enterprises, especially state-owned enterprises and employees. Therefore, it should become an important link in the promotion of mixed ownership. Legislation should be included in the future compilation of the “Civil Code” Property Law, in the state-owned, collectively owned, individual ownership of a special form of ownership to be provided, and increase the corresponding special rules for the disposal of property rights.