Legal Suggestion On Optimizing The Property Rights System In Domestic Rural Credit Cooperatives

After a series of reforms, rural credit cooperatives at this stage there are three kinds of property rights model of the main: cooperative, joint-stock and stock cooperative system. From a legal point of view, problems of rural credit cooperative system of property rights is mainly due to the lack of clarity of the provisions of the legal status of rural credit cooperatives, and the lack of corresponding legal regulation. All the reasons above resulting in rural credit cooperatives'property rights reforms have been carried out under the executive-led and business development undue administrative interference. And thus from the beginning, we had deviated from the principle of cooperative system, without the cooperation of the rural credit cooperatives should be mutual aid capabilities. In this context, this paper conducts a study on the property rights system for rural credit cooperatives and put forward the legal suggestion on optimizing the property rights system in domestic rural credit cooperatives. This paper's logical structure and main contents are as follows:Part one, asks questions. From the concept of property to start, through the rural credit cooperatives reform of property rights the status of the historical and institutional study to clarify the issue of rural credit cooperative system in the origin of property rights and institutional status quo.Part two, shows problems. This part specific shows problems of rural credit cooperative's property rights system in all its aspects. There are mainly manifested in these areas: alienation, the interests of the main offside, the owner existed in name only, and the irrational equity structure.Part three, analyzes problems: This part specific analysis the causes of rural credit cooperative's property rights system. From the legal reasons, there mainly for lacking of a legal system, indeterminate legal status of cooperatives, as well as legislation confusion on co-operation system and set system.Part four, comparison and reference. In order to seek a further improvement of the property rights system, this paper studied the modes and features of property right system in cooperative financial organizations in major developed countries such as France, Germany, and the United States. Through the analysis of the trends of property rights system in above countries, the paper summed up two pieces of large experience that China should learn from: complete legislation and clear property rights.Part five, solves problems. To improve the system of property rights of China's rural credit cooperatives, this paper presented five areas of legal advice: First, clear the legislative principle of rural credit cooperatives; second, set a clear legal status of rural credit cooperatives; third, clarify the relationship between collective property rights and the private property rights; fourth, to optimize the property rights of rural credit cooperatives; fifth, clear the rights and obligations of members.This paper's main conclusions are as follows: the future development of rural credit cooperatives should be to resume cooperation financial attributes. According to the principles of the rural credit cooperative system, build it into real cooperative financial organizations that truly belong to the farmers. To improve the legislative system of property rights of China's rural credit cooperatives, must determine the legal status of rural credit cooperatives to be Intermediate Corporate, and establish the cooperative principle. Then on this based to define property rights, quantify property rights, clear related subjects'rights and obligations, so that make the Rural credit cooperatives into real cooperative financial organizations which serve rural areas.