Research On Law Problems Of New Rural Mutual Fund

Rural financial administrative structure reform goes on slowly for a long time, on one hand, the market shrinks, the imbalance of supply and demand, weak peasants are crying piteously for food in the spring tide of new rural construction; On the other hand, the rural economy is active constantly, the folk active capital is increasing constantly, " underground debit and credit sides " are unprecedentedly prosperous, the non-governmental financing organizations are attacked and suppressed by the policy, legal system in developing, so their position is illegal, management is confused, the risk is very heavy. The threshold of the financial institution set up is relaxed in the countryside in 2006, the setting up of new financial institutions such as the rural mutual fund, pry open system bottleneck of the rural finance, has relieved the difficult situation of rural financing effectively, contain the spreading of folk's illegal finance, can be rated as the success sample of standardized folk finance.Under the current legal frame, the rural mutual funds is banking financial institution with mutual in a rural community, its essence is cooperative finance organization, in legal attribute respect, it is a profit-generating legal person who bears the particular public service task, in other words,it have two purposes,common and private benefit.As new representative of financial institution, In practice, Rural mutual funds face many risks,such as legal absence, regulations defects, the main system is flawed and operation due to lack of regulation and supervision and other legal risks,etc. endangering its survival and development. Under financial crisis background, it is of great significance that probing into the legal attribute of the rural mutual funds and realizing its legalization problems.Basic on the investigation of several rural mutual funds of Dingxi city, and other place in Gansu Province, draw on the legalization experience of the model overseas similar rural finance organization, emphatically consummates, from the legislation perfect,the rules and regulations credit system and law cultural reconstruction and so on,the multi-dimensions devised.Standardize the development of the rural mutualfunds,need"hard law"(sound laws and regulations) guarantee, and can't leave restraint of soft law " (rules, credit, folk regulations,etc. unofficial and normal), can't do without the support of the legal culture of the finance even more.Under the present condition, It isn't mature that formulate special the rural mutual fund law, only suitably appeared "Countryside Fund Cooperation Society Rule".The article has discussed the legislation guiding ideology, the rural mutualfund principle, the admittance and the withdrawal, the risk guard with emphasis, relations with other support main body and legal liability problems.Suggestion construction;moral culture; Trinity multiplex standard system, solves the forecited legal matter, safeguards the rural mutual steady development.