| The issue of agriculture and rural areas is fundamental to the national economy and people’s livelihood,and it is also a key task of our party and state.The report of the 19 th National Congress of the Communist Party of China called for the implementation of rural revitalization strategy,stresses the need to deepen the reform of the rural property right institution,to safeguard farmers’ property rights and interests,and to strengthen the development goal of the collective economy.The reform of rural collective productive assets share cooperative institution is the key point of the reform of rural property right institution,and a sound legal system shall be built to ensure the smooth progress of the reform.There are some practical problems and institutional deficiencies in the traditional collective productive assets management system in the aspects of property right,management and income distribution of assets,etc.,it unilaterally emphasizes formal efficiency and fairness,but lacks consideration of the ultimate realization of substantive equity and economic efficiency.At present,the reform of the share cooperative institution of rural collective productive assets is conducive to the effective allocation of rural labor forces and capital resources,effective protection of property rights,and reduction of transaction costs.It is conducive to ensuring the income distribution right of farmers’ collective productive assets to improve their property income and promote the coordinated development of urban and rural areas.With the building of the legal institution of rural collective productive assets,this influence will be more significant.However,the reform is not accomplished overnight,and the institutional effect of the legal institution of rural collective productive assets also needs a long time to be brewed and transmitted.Although the reform of the share cooperation institution of rural collective productive assets has been carried out in an all-round way and some initial results have been achieved,some imperfections can also be found in the pilot reform,which require constant policy adjustments and institutional innovations.Therefore,we should follow the rule of law thinking that led by principal thread,considered in multi-dimension,and coordinated in steps.Take the balanced coordination of economic efficiency and equitable distribution as the principal thread;take the state,the collective and the farmers as the triple dimensions of comprehensive consideration;and take the institutional building in the property rights system,management system and income distribution system of assets as facilitators of the systematic legal institution building related to rural collective productive assets.On this basis,further advance the specific systematic building of the collective productive assets share cooperation institution reform under the rule of law,improve the modernization of rural collective productive assets management system and of management ability,so as to adapt to the rural collective economic operation new mechanism and give farmers more realizations of expected goal of property rights reform,and to ensure that the reform and innovation of collective property rights institution step into the benign path dependence.Based on the differences in natural endowments of rural collective productive assets and the particularity of social relations,different region reform policies and institutional guarantees shall be taken in light of local conditions.Hence,the government can adopt the method of classified guidance to the reform,and in the relevant institutional building,it should also explore different forms of property rights protection institution around the essence of the protection of property rights,so as to improve the system performance of rural community share cooperation institution reform.The first chapter,“the origin and process of rural collective productive assets share cooperation reform”,aims to accurately recognize the constitution of rural collective productive assets;to discuss their collectiveness,productiveness,integrity and relevance to individual farmers interests etc.,and to summarize and conclude principles of recognition,such as the one invests is the one owns,respect history and take reality into consideration.Making in-depth analysis on the recognition of the collective productive assets law is of practical significance,such as clarifying the ownership of assets,improving the efficiency of assets management,and guaranteeing members’ right of collective income distribution,etc..On this basis,this chapter explores the policy evolution and institutional dilemma of the reform of rural collective productive assets,which is mainly manifested in the unsoundness of property right of collective productive assets,the unreasonableness of the management system,and the imperfection of income distribution institution and so on.Theoretically,the collective ownership theory under the planned economy cannot realize the balanced coordination between economic efficiency and distributive equity,which is rooted in the formal value orientation in pursuing economic efficiency and distributive equity.In the reform practice,the principal realistic problems it reflected are the idle and loss of rural collective operating assets,defects in assets operation,and low efficiency of assets operation,etc..This chaptersummarizes and sorts out the historical evolution and development sequence of the reform of rural collective productive assets share cooperation institution,and makes sample analysis and experience summary of the local reform practice.The second chapter,“the theoretical foundation and building goal of the legal institution of rural collective productive assets”,comprehensively analyzes collective ownership theory,share cooperation economy theory,and public interest theory;particularly explores breakthrough of the reform of collective productive assets to the traditional theory and its significance;and puts forward the ways to realize collective ownership capitalization,share cooperation,and public interests.Under the guidance of the said theories,the building of rural collective productive assets legal institution should focus on realizing the institutional goal of protecting farmers’ interests under basic goals such as clarifying property rights,standardizing management and expanding the collective economy.By clarifying the political and economic logic of the share cooperation institution reform,the core goal of protecting and developing farmers’ interests shall be set;farmers behavior analysis and risk prevention mechanism shall be established to ensure the effective protection of farmers’ interests;farmers interests shall be promoted relying on marketplace;and commissioning strategy of protecting and developing farmers’ interests shall be realized by transitional market.The third chapter,“the value orientation and mode choice of the legal institution of rural collective productive assets”,aims to explore the idea and thoughts behind institution building,based upon a comprehensive survey on the economic basis,social basis and legal basis of share cooperation institution,it makes detailed interpretations mainly from the aspects of substantive equity,economic efficiency,regulatory rules and common wellbeing.Based upon a comprehensive comparison between traditional collective-ownership-and-management pattern and new type of share cooperation mode,it clarifies the development goal of the reform of share cooperation institution;puts forward to take the balanced coordination between economic efficiency and distributive equity as the principal thread of the reform under the rule of law;takes the state,the collective and the farmers as the triple dimensions of comprehensive consideration;focuses on exploring the coordination mechanism of linkages such as capitalization of resources,profitability of assets and equitability of distribution,so as to form a “principal thread-dimensions-linkages” thinking under the rule of law;puts forward the systematic building of rural collective productive assets legal institution,and explores the share cooperation institution reform path under the rule of law.The fourth chapter,“building of legal institution related to protection of property rights of rural collective productive assets”,in accordance with the requirements of “definite property rights,clarified rights and responsibilities,strict protection and smooth transfer”,it clarifies the standard of delimiting the scope of rural collective productive assets by establishing and improving the evaluation,liquidation,appraisal,and definition of rural collective productive assets.At the same time,the scope of the subject of rural collective business assets shall be determined,the specific legal problems of subject recognition shall be solved upon the principles,factors and methods of subject recognition,and the registration system of members of collective economic organizations shall be improved.On this basis,specific program design and institution arrangement shall be carried out in regard to the legal institutions of equity establishment,management and transfer of rural collective productive assets,and it is emphasized to not only respect the particularity of local reform but also pay attention to some common problems in the building of legal institutions related to the protection of property rights of rural collective productive assets.The fifth chapter,“building of legal institutions related to rural collective productive assets management”,aims to systematically building the legal institutions related to the decision-making,operation,implementation and supervision of rural collective productive assets;based on the governance dilemma of productive assets and its institutional causes,by optimizing the structure of asset governance organizations and perfecting the incentive mechanism of managers,improves the information publicity and regulation system of productive assets;improves the professionalism and normalization of the market operation of productive assets;take the strengthening of the internal structure and external supervision responsibility of productive assets as innovative idea,the strengthening of the information publicity and talent management as the means,so as to perfect and optimize the legal institution related to productive assets operation and management,to maintain the autonomy of economic activities of collective assets management organizations and their members’ legitimate interests;to jointly promote the functional transformation of the subjects of productive assets management;to regulate the internal governance of collective economic organizations;and to promote the modernization of the management system and management ability related to productive assets.The sixth chapter,“building of legal institutions related to rural collective productive assets income distribution”,mainly discusses the disorder of productive assets profits and itsinstitutional causes;it focuses on the no publication of asset income distribution,lack of guarantee for members’ collective income distribution right,and the difficulty of realizing democratic supervision right;seeks the gap of required by institution and reform from assets income distribution procedural rules,members’ collective income distribution right,and from democratic supervision right;reasonably adjusts asset income distribution relations.Through exploring the application of natural rights,labor contribution and principle of balanced interests distribution,and through analyzing the specific application of individual shares and collective shares and other distribution rules,as well as analyzing and interpreting the democratic decision-making,democratic management,democratic supervision and the system of publicity and disclosure procedure of productive assets income distribution,it scientifically designs and reasonably establishes the distribution rules and procedural institutional system of productive assets income.Finally,formed by property rights protection,management and income distribution as the core content of the legal system of rural collective productive assets share cooperation of research conclusion,the rule of law thinking,theoretical dimension,and explores the share cooperation institution reform path under the rule of law,has certain research and for the further rural collective productive assets share cooperation conditions and basis is provided for the further study of the legal system. |
