Study On Rural Cooperative Financial Institutions Alienation And Legal Protection Mechanism

As the core of capital allocation in rural economy, rural financial system (RFS) performs the essential functions in solving the issues of Agriculture, Rural Areas and Farmers problems. Rural Cooperative Financial Institution(RCFI) is the vulnerable groups'self-exploration for their financial needs in rural areas. In the rural financial market, as a major force in the development of agriculture rural credit cooperative (RCC) performance is imperfect. But the features and functions of the cooperative financial system are lost, cultivation and develop new. rural cooperative financial institutions is imperative.To explore the path of RCFI future development, need to follow the law of development. I agree the point of view that the alienation of the RCFI is the inevitable result of "not only to adapt political, economic environment and their own development, but also conform to the development of social productivity and the commodity economy, it's the historical necessity". Proposed the development law of RCFI is a process that the old RCFI continue to evolve to the commercial financial organizations, and the new RCFI and continue to produce, eventually replacing the old organized in the rural financial market. According to Marxist dialectical relationship between economic base and superstructure, I believe that in this process of institutional change, the role of law should be to promote the old RCFI change into commercial organization, and at the same time to protect and preserve the new institution develop. Article will summarize defects and deficiencies about the law how to protect old rural cooperative financial institutions (rural credit cooperative) develop. On this basis, the article will proposed specific recommendations about the law how to play its due role in safeguard the new RCFI development process.The article is divided into seven parts. Part one is the foreword, have study the main results of domestic and foreign studies. Point out the significance of analysis and research the causes and the nature of RCFI alienation for we recognize that the law of development of rural cooperative finance, sort out the development approach in the future, and then pay attention to the role of law in the new RCFI development process. The second part will distinguish the subject of rural cooperative financial institutions alienation is "rural cooperative financial organization" rather than "rural cooperative finance" by examining the general principles of the RCFI, actual performance, the concept of "RCFI Alienation". The third part of the article analyzes the general causes and the special reason for the RCFI Alienation view of the special nature of rural cooperative financial practices in china from the concrete expression of alienation. All analysis are services for understand the nature of RCFI Alienation and the development law. The fourth section examines the dispute of RCFI reform, the actual choice and the enlightenment to our. First, analysis the disputes which exist in RCFI reform, and understand the confusion which the RCFI faced in the context of alienation. Second, face the dispute, study practical choice, want to provide practical support for understand the nature of alienation and the RCFI future development ideas. Third, from the discussion of the previous, summarize the nature, basic law and the future development ideas of RCFI. And then advance legal's function in the development of RCFI. Part five will analysis the deficiencies in legislate concept, property system and management of government behavior, and so on. SectionⅥwill present proposals about the legal how to protect the RCFI develop. Under the premise of clarifying the law of development of RCFI and based on the future development ideas. I advanced at the macro we should give the RCFI a clear legal status, change the concept of rural cooperative financial legislation, and adjusting the focus of legislation. On the other hand, sever specific suggestions are advanced at the micro. For example, clearly rural RCFI's clients and business scope, build and improve the property rights system, management system, risk control system, government intervention Constrained system, and so on. PartⅦis the summary of the full text. This part will review and summarize the main points of the article. Summary the main way that the law how to protect RCFI development. At last define the direction of further efforts.