Research On Legal Issues Of Rural Community Bank In Our Country

For a quite long-time, rural financial system in our country is very weak. The existing banking financial institutions cannot meet the rural financial demand. As a small bank, community bank is an important part of banking system in most countries, which plays an indelible function to support the financial vulnerable groups. For this, learning from foreign counties’experiences, introducing and bringing community banks, and establishing China’s small and medium banks have realistic significance. In this research, rural community is a breakthrough point; market regulation, interest and interest system, community development rights, financial development rights and financial function theory are the main theoretical guidance. The research discussed legal issues of rural community banks in our country, particularly about specific path selection and legal system design, based on the analysis of foreign community banks.The main body of this research included five parts. The first part is basic theory study. As the theoretical origin, market regulation theory, interest and interest system theory, community development rights theory, financial development rights theory,"financial function view"-"financial institutional view" theory, rural financial development theory have been studied from law, finance and sociology disciplines. The second part is lessons from other countries. Select community bank in USA and Australia, local bank in Japan, and country bank in Bangladesh to analyze their practice respectively. Based on making compared of advantages and disadvantages between them, it told us favorable experience about legal system, supervision and management, credit guarantee and policy support that suit Chinese current situation. The third part is investigation from reality. It attempted to get rural financial market supply and demand by empirical research method. And then it told us the realistic significance and practical obstacles in development path of community bank in China. The forth part is path exploration. After commented on the rural financial system reform process, this part put forward concrete path selection scheme which suits to our country. The fifth part is design and consummation of legal system. In the beginning of this part, it boldly discussed the legal system principle, namely "serving rural community, independent operation, low threshold but strict supervision" principle, combined with the characteristics of rural community bank. According to the principles, it mainly studied legislation design which contained market access, establishment, property rights, organization, management, operation, supervision, receivership, exit, responsibility and accountability systems. The innovation of this research is mainly embodied research object and research content. Firstly, the research object innovation is making the combination of rural community and community bank. Under the guidance of rural community theory, this research elaborated legal concept and basic characteristics of rural community bank, and it defined the relationship between rural community bank and other banks, particularly the same and different points among banks, and the advantages and characteristics of community bank. Secondly, the creative content of this research is the path exploration part and legal system design part. On the one hand, it emphasized that rural community banks not only for the upgrade of agricultural industry and development of rural economic, also must live for happiness of farmers to highlight their grassroots characteristics. On the other hand, relying on the reality of different economical levels in our country, the research analyzed three kinds of development modes of rural community bank. And it advocated that both upper and lower limits of rural community bank establishment are necessary, and banks initiate are not necessary. What’s more, the research also demonstrated registered procedures, three-level licence issued system, as well as basic principle, property right, organization, operation, supervision, receivership, responsibility system, especially clear the community responsibility of rural community bank.In a word, this research aims to discuss and explore the basic theory, reality significance, practical obstacle, management concept, path choices, and legal system weapons of rural community bank. It also tries to attract financial sectors attention to perfect our rural financial system through the development of grassroots bank. Meanwhile, it hopes to let legal departments concern about the legislation for rural community bank and protection for the financial developing rights of disadvantage and vulnerable groups.