| As the first rural bank ---Huiming Rural Bank was born in Yilong in Sichuan Province, the reform in our country's rural financial system marched into the new developing phase. As a emerging rurual financial orgnization,the rural bank is the product of the reform of ruralfinancialsystem and relaxing the admit policy of the financial banking orgnization. Being regulated by the nantional policy and driven by commercial benefit,the rural banks have developed like mushrooms after rain and become the fresh force gradually in recent four years. Being the hotspot of the rural financial problem,the problems on the rural banks have been concerned and taken serious by theoretical circles.They studied them at a different angle and obtained great success which guided theoretically the rural banks forward. The study seemed unsubstantial and had some trouble fitting in with the needs of protecting and promoting the rural banks. It's an important try for legislation and legal construction of rural finance to set up the rural banks. It will further promote legislation and legal consyruction of rural finance and create a good legal system environment for the development of the rural banks.On the basis of the co-rodinateing development between the city and the town, this article including six parts will debate how to perfect the law of the rural banks.The first part will mainly put forward the thesis, summarize the internal and external relevant ducuments about the rural banks and intrduce the important theory being used in the paper. The internal scholars'theoretical research on the law of the rural banks is very weak. As the rural banks devloped,its legal position has become more and more important. So the research on how to perfect the law and promote the devlopment of the rural banks is very important in theory and fact. Having given a detailed account on internal and external theoretical achievements, this part will introduce several important theroys involved in the paper including the theory of the harmonious development between the city and the town, the theory of financial ecology, the theory of the right to develop and the theory of the law and the finance. It will build the theoretical basis for the writing.In the second part, it will mainly make sure the nature of the rual banks. According to the relevant legal sysytem of the rurals banks,this part will introduce the definition of the bank and sum up the legal characters of the bank. In comprison with the other new rural financial orgnizations,this parts will give prominence to the character of the bank. After introducing the main debation on therural banks'legal character in the theoretical circle and summarizing the difference between the policy bank and the commercial bank, the opinion that the rural bank is the commercial bank in the material meaning.The third part will mainly introduce the present developmental condition and the obstacles of the rural bank. It will put emphasis on the legal obstacles preventing the bank developing sustainably. The development of the rural economy and the minor enterprises need a large amount of money, the govermental investment is difficult to meet. It is urgent to develop the rural finance to relieve the phenominon of undersupplying in the rurual financial market. It is a big try to found and develop the rural bank and it has important immediate significance to make the great goal of the construction of the new countryside come true. This part will put emphasis on pointing out the legal obstacles restricting the sustainable development of the rural bank on the basis of analyzing the present relevant legal system.In the fourth parts, the article mainly introduce the Grameen Bank's successful experience and the relevations to China provided by its'success. On basis of summarizing the Grameen Bank's successful course,this part will generalize its successful experience including market positioning, capital source and risk prevention. Conbined with the special condition of China and the current devloping situation,this part will disclose the enlightment to the rural bank given by the the Grameen Bank at a different angle including widening the financing path, building scientific credit guarantee system and setting up flexible and effective system of risk prevention.The fifth part will mainly put forward some advice and assumption to perfect the legal system which can ensure the sustainable development of the rural banks. Combined with the special condition in China and the specific present condition of rural finance and drawn from the Grameen Bank's successful experience,on the basis of analysis the present legal system of the rural banks this part will be aimed at the legal obstacle preventing the bank developing sustainably and propound the perfect advcie and assumption on how to strengthen the legal guidance of market positioning,perfect corporate governance structure, set up the deposit insurance system,innovate the credit guarantee system,perfect the rural credit legal sysytem and financial regulation system and build the long-acting policy sysytem with a well-defined objective in mind.The sixth part is the conclusion of the paper.On the basis of emphasizing the significant meaning of developing the rural bank, this part will uncover its good foreground and make clear thatit is necessary to be protectde by law for the sustainable development of the rural bank and then strengthen the necessity of perfecting legal system. In the part,the article will generlize the chance and the challenge which we have to face up and point out that we should prefer learning digestive absorption to reference.It will explore an appropriate path suitable for China's condition to perfect the law to safeguard the rural bank's sustainable development and ensure that the rural banks can provide the poor in China with more proper service and capital. This paper also hope the advice can have the rural banks make more contribution to promoting the harmonious development between the city and the town and achieving the great goal of the new socalist countryside. |
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