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公司法及现行政策与我国的职工持股实践存在许多冲突之处,已成为职工持股制度建立和健全的法律障碍。公司法有关股东的新股认购优先权、公司回购自己资本、公司新股发行程序等方面的修改是职工持股制度健康发展的必要举措。
There are many conflicts between the Company Law and the existing policies and the practice of employee stock ownership in our country, which has become a legal obstacle to the establishment and improvement of the employee stock ownership system. The Company Law is a necessary measure for the healthy development of the employee stock ownership system in respect of the shareholders' subscription of new shares, the repurchase of their own capital and the issuance of new shares by the Company.