The Legal Research Of Rural Cooperative Finance

Rural cooperative finance is one important part of the rural financial system. It is very significant to form the legal construction about the rural cooperative finance now when the Communist Party of China and the government focus on rural development and highly are committed to solve the "agriculture, rural and farmer" problems. This paper first analyzes the concept of rural cooperative finance and the necessity of rural cooperative finance; then concentrates on the development history of the rural cooperative finance, and on this basis, puts forward that there are many legal problems in rural cooperative finance and analyzes the reasons of these problems. In the last of the paper puts forward legal suggestions on how to develop our country's rural cooperative finance, including the property system, governance structure and the legislation, which based on the introduction and analysis of foreign rural cooperative financial legal system.This paper is divided into four parts:The first part:The summary of rural cooperative finance. Firstly, this paper defines the concept of rural cooperative finance and briefly introduces the historical evolution of rural cooperative finance; then analyzes the necessity of rural cooperative finance from rural economic characteristics, rural economic supplement characteristics and the advantages of rural cooperative finance; at last, points out the irreplaceable status of rural cooperative finance.The second part:The analysis of the legal problems of rural cooperative finance. At first, this part elaborates and analyzes the history of our country's rural cooperative finance; then points out some legal problems in our country's rural cooperative finance, such as subject dislocation, property fause, governance structure failure and backward legislation; finally analyzes the reasons of these legal problems.The third part:The experiences and revelations from the foreign rural cooperative financial law system. Based on the introduction of the rural cooperative financial legal system of the United States, Germany, Japan and Taiwan, this part puts forward worth reference experiences:insisting on cooperation system, system of organization, complete legal environment and the government's strong support. The fourth part is the legal suggestions on how to develop our country's rural cooperative finance. There are some suggestions from four aspects to solve the legal problems in rural cooperative finance. The first is to establish rural cooperative financial organizations as an independent subject and define it as a non-profit legal person; the second is to establish the legal property rights of rural cooperative financial organizations and the system of public accumulation and patronage return distribution; the third is to develop the internal and external governance structure of rural cooperative financial organizations from the members congress, council, board of directors, broad of supervisors, government and self-discipline aspects; the fourth is legislative suggestions to our country's rural cooperative finance.