The Legal Issues Of Collective Economic Joint-stock Reform In Urban-village

Currently, the conflict between rapid urbanization and Dual structure of Town and country embodies the problem that urban villages have been widel y built and they must be reformed inevitably. The key point in the issue is the chosen of urban villages’ collective economy reforming pattern and the confli ct or integration between reformation and lawsThe reforming of urban village is a comprehensive project and only by a full-scale analytical study can solve the essential thing. By researching the re lated materials, we have got that domestic scholars focus on the economic sid es of urban village. However, another core in it is about the integration of ref ormation and laws, especially how to choose the operation mode of collective economy needs laws to readjust. Thus the author using the theory of legal sc ience specialized knowledge and closely combining with the urban village re construction, based on the experience of the domestic cities about urban villa ge transformation, using comparative analysis, empirical analysis and value a nalysis and other methods of Taiyuan City in Shanxi Province as an example about urban village collective economic shareholding system reform to put fo rwards some constructive guidance on legal problems.The text is divided into five parts, totaling more than fifteen thousand words:The first part:deducing and analyzing our country’s current situation of urban village and the necessity to reform. Firstly, taking Taiyuan City’s urban village as an example, to itemize the reform goal, range, related policy docu ments and gained result. Then it follows the same aspects of our country and t he existed problems during reformation.The second part:analyzing on the reform pattern of urban village’s collec tive economy. Mainly comparing with the current heated discussed issues, lik e cooperative, cooperative shares system (stock system in short) and corporat e system. On the basic of listing the above three ones’ advantages and disadva ntages respectively, we got the final result that only stock system is the suitab le model of urban village’s collective economy transformation.The third part:Discusse the village collective economic shareholding system reform in the process of stock company membership determination and members out of the conflict with the company law. Through analysis, it is concluded that the member qualification standard and how to exit mechanism.The fourth part:Discusse the village collective economic shareholding system reform in the process of collective assets quantification stake for the company. On the analysis of the present situation of collective assets and collectiveThe fifth part:Discusse the village collective economic shareholding system reform in the process of corporation legal person governance structure problems. Corporate governance structure is the core of the shareholding system reform, the article expounds on company law to the provisions of the corporation legal person governance structure combined with the status quo of city village collective economy obtained the village collective economic restructuring should be after how to establish corporate governance measures, the provisions of the company law and the actual situation of organic combinationThrough discussed the city village collective economic shareholding system reform and law of conflict and how to integrate the specific measures, in order to crack the village collective economic transformation difficulties encountered in the process of law, to develop and perfect the urban village transformation laws and related policy document for reference, the villagers in the final process and other participants to provide legal help, truly complete urban village renovation task...