Study On The Legal Regulation Of RCAs

RCAs was produced based on kinship and geographical form of a financial mutual cooperation forms. After thousands years of development and evolution, RCAs has become an integral part of the traditional financial system. That the rapid development of RCAs, satisfied the production, life needs in the economic demand, and effectively solved the difficult problems of borrowing member. However, due to RCAs was growthing and developing in the soil of Chinese traditional financial, and the mode of operation in the modern financial system must acclimatized, and the lack of formal system specification, RCAs is showing more and more obvious "outside the system" run feature. However, China's current situation is that the development of commodity production and circulation is fast growthing, and the resulting demand for capital, especially the farmers demand for funds is increasing. Against this background, as the formal financial supplement, RCAs still play an important role in the modern economy system. Therefore, the government should allow cooperative meeting's existence and development, and at the same time through legislation on its guidance, regulation and supervision.Part of this essay mentions "Long'an biaohui" and "Fu'an biaohui ", two cases in China, raises the problems and the monitoring of existing research results are briefly described, this research content and research methods. In this paper, the legal regulation of RCAs will be the theme for the study, and the author will discusses the following four parts,The first part is mainly about an overview of the basic theory of RCAs', this section will explain the concept and characteristics of RCAs, comb the classification, describe its operating mode.The second part analysizes'regulation of the Law in China's history and the problem in Operation of RCAs',this section will describe Status of RCAs ,then analysis the current problems of RCAs,such as, lack of precise design of the system and monitoring system, lack of modern risk prevention mechanism, disrupting the financial supervision because of CPB funding,that all of the above has been being the main problem of RCAs'operating in our country.The third part outlines'the extraterritorial legislation of RCAs and Inspiration'; this section describes RCAs'legal system of India, Japan, China, Hong Kong and Taiwan, and their basic theories. The author found that much advanced experience is worth our legal system for reference and learning, after the analysis of the advanced system and the theory.The fourth part is'thought of building the system of the Law for RCAs', as RCAs'problems in the operation in currence, and to combine the legislative and practical experience in china,this part will propose some countermeasures, its besides, the set for the relationship of RCAs between civil law, the designe the legal system of controlling the risk for RCAs.