Studies On The Property Right Reform On Collective Assets Of "Village In City"

With the thorough of countryside organizational reform and the establishment of the household contract responsibility system, the land contracting right of management returns to the individual's hand, and formed one kind of land collectively possession,individual use property right system arrangement.In countryside far away from the city, this system arrangement's achievements are far bigger than such which the original system designer anticipated.But along with urbanized speed quickening as well as the city expands gradually to the suburb, this kind of land primarily property right system appears not adapt.The countryside which in the city and countryside intersection place, as a result of its special geography condition, has had a great change in the urbanized advancement:Firstly, the suburb land has rapidly revaluated, which caused the village collective property expansion;Secondly, along with the gradually advancement of urbanization, the city and countryside intersection's economic environment has achieved big improvement. Most village collective holds this advantage, established the secondary industry and tertiary industry. And the collective economy obtained the unprecedented development, which has formed considerable collective property.But under the original collective property management system, as the villagers and collective property right relations fuzziness, causes the lack of reasonable utilization ability of the giant village wealth, the fair assignment channel and the science control system, which brings piles of question and contradiction.In the first part of this article, analyzes and discusses the contradictions this property right fuzziness has brought.Unifies the reality of Ma Long village, this article proposed that as the collective property management system of the village in the city has broken the original system balance, and the reform already imperative.Regarding the remanufacture form choice, in the second part of this article , analyzed and compared the joint stock system, the cooperation system and the stock cooperation system .At the same time, this article examed and appraised the collective property remanufacture pattern of the city the village in Guangzhou's Tianhe area, Shenzhen's Henggang area and Zhejiang's Jiangdong area .Then summarize common characteristic of the collective property remanufacture of the city the village in those areas.Through the analysis and the comparison, this article thought the fusion joint stock system and the cooperation system characteristic stock cooperation system is the effective method of solving the collective property right fuzziness .The essence of stock cooperation system lies in establishing the criteria of conduct of the property right structure, assignment way, drive mechanism and so on. And provided the system guarantee in coordinating the good community public interest and personal interest. In the third part, this article take the collective property community stock cooperation system reform process in Xiamen's Malong village as an example.From the angle of system economic, the management science and the sociological, this article appraised and analyzed each aspect of community stock cooperation system reform: derogation quantification, stockholder's rights assignment, income assignment, organization establishment and so on.Through the analysis, this article thought the stock cooperation system reform in Xiamen's Malong village is a inducing and inserting social relations system vicissitude process. This kind of vicissitude has the obvious way dependence characteristic.Under these system characteristic, Xiamen's Malong village stock cooperation system has obtained many achievements. But it also has many problems: The politics and society is not divided, the property right not clear, community own development ability insufficiency and so on.Unifying Xiame's Malong village's reality ,in the last part of this article , proposed the correlation suggestion of the finally moved towards and the improvement direction of the community stock cooperation system reform. This article thought the true corporate system was finally change direction of the community stock cooperation system reform, then proposed the stock cooperative association must standard interior management and operation mechanism, took deepening the property right system as a breach and sped up to develop to the modern enterprise system direction. Meanwhile, the government should strengthen to the legislation and the corresponding necessary measure support, speeds up to deepen and develop the community stock cooperation system reform.