The Development Of China's Rural Cooperative Financial Difficulties And Legal Countermeasures

Rural Cooperative Finance is cooperative finance organized by the working masses in rural areas and that provide financial services mainly for farmers, agricultural and rural economic cooperation. In our rural areas, cooperative financial carriers include rural credit cooperatives, rural cooperative banks, rural cooperative fund, insurance co-operatives in rural areas and so on. This article is based on the perspective of rural credit cooperatives'legal regulation, and aimed to investigate the completion of the whole Rural Cooperatives Finance's legal regulation. By analyzing the basic characteristics of rural cooperative finance and the "alienation" of its cooperative principle, it can be seen China's rural cooperative financial is deviating from the basic principles of cooperation system, and as the main part of rural cooperative finance, rural credit cooperatives itself is in trouble in the reform process, since the reform and opening up, the rural credit cooperatives experienced a series of institutional changes, but for various reasons, a series of problems still exist such as self-positioning, tenure system, operation mode, internal governance and so on. It's related to the future development of rural cooperative finance and significant that how to solve these problems. Apart from the improve the rural cooperative finance itself, it is also very necessary to borrow ideas from legislative experience of cooperative finance in Europe and the United States and other developed countries. This paper is based on expounding the basic issues of rural cooperative finance, and card for the building of developed countries'rural cooperative financial system and legal systems in the perspective of rural credit cooperatives'legal regulation, and imagine for rural cooperative financial legislation on the basic of the actual situation of our country.The first part introduces the basic theory of cooperative finance in order to expound better the problems appeared in the development of China's rural cooperative finance. The second part describes the detailed evolution of legal regulation of rural credit cooperatives in China, and card for the existing reality predicament and legal difficulties, and analyze for some aspects needing to reform. The third part introduces the legislative status of rural cooperative finance in the developed countries and analyzes the development model of cooperative finance briefly, and points out the development features and legal regulation conditions of different countries'cooperative finance and finds the common and the characteristics. The fourth part proposes a series of ideas for the reconstruction of rural cooperative finance's legal system in China including the necessity and feasibility of special legislation, the basic ideas of legislation and legislative principles, the problems needing focus and solving in legislative process. After careful discussion, the article's basic conclusion is: it should be as soon as possible to draw up the rural cooperative finance's basic law-"Rural Cooperative Finance Law", supplemented by supporting laws and regulations. Only on the basic principles of taking actions that suit local circumstances and adhering to cooperative, can it truly promote the healthy development of rural cooperative finance and make the most advantage of cooperative finance and adapt to the new situation of today's new countryside construction and construction of a harmonious society and clear the legal obstacles of system reform.The key point of this article is strengthening the rural cooperative financial system construction under the legal framework and completing the external environment of the rural cooperative finance's development. Only in this way, can it promote the reform measures steady and effectively, and achieve the expected objectives of the reform, and promote the prosperity of rural financial markets further, and lay a solid foundation to solve "agriculture-countryside-farmer" issue.