产权改革是我国国有企业改革的重要出路。MBO作为产权制度改革的方式之一近年来被广泛应用,但是在实施过程中存在国有资产流失等问题。究其原因,主要是管理层融资渠道不畅,定价机制不合理导致的溢价空间过大,操作过程缺乏必要监管。相关法律法规的相继出台为这些问题的解决提供了法律依据。此外,采取信托方式也为MBO诸多问题的解决提供了新的思路。 Property right reform is an important way out for the reform of state-owned enterprises in our country. As one of the ways to reform property rights system, MBO has been widely used in recent years, but there are some problems such as the loss of state-owned assets in the process of implementation. The reason is mainly due to poor management financing channels, unreasonable pricing mechanism caused by the premium space is too large, the operation of the lack of necessary supervision. Relevant laws and regulations have been promulgated for the settlement of these issues provides a legal basis. In addition, adopting the trust method also provides new ideas for solving many problems of the MBO.