A Study On The Legal Problems Of Shareholding Of Rural Collective Assets

In 2017,“Central Document No.1” clearly put forward an orderly quantitative rural collective management assets to protect the property rights of farmers,and clearly defined the scope of collective management of assets,refers to the rural collective economic organizations according to law for production and operation,New material wealth,and for the purpose of profit and for the purpose of occupation and use of various property,material and claims and other economic interests.Its meaning mainly includes the following two aspects: First,belong to the rural collective economic organizations for the production of agricultural property.The second is for non-agricultural production and management of rural collective assets.In the context of the existing reform of the property right system and the stock cooperative system,this paper looks at the typical practice of the rural collective asset reform pilot area,and finds out that there are a lot of loss of running assets in the rural areas,low efficiency and legalization The lack of such issues.The fundamental reason for the efficiency of the collective assets of collective assets is the lack of legal basis,the lack of clear basis,lack of constraints on the behavior of managers,leading to the loss of collective assets.The specific reasons: First,the reform of the property rights system is not complete,leading to rural management of the main qualifications of assets to determine the different standards,the operator is not clear rights and responsibilities;Second,the collective management of the allocation of assets of the stock of different standards,resulting in local rights Resources;third is the internal economic structure of the collective economic organization is not perfect,joint-stock cooperative enterprises and professional cooperative organizations can not truly realize the legalization of governance,hinder the healthy development of the collective economy;Fourth,the right to equity in practice is fully given to Members of the individual hands difficult,so the power to achieve it is even more difficult.This paper puts forward the way to solve the problem of collective assets in rural areas.The most fundamental way is to strengthen the legislation and strengthen the special legislation of collective assets.It is suggested that the Regulations on the Administration of Sexual Assets,and clarifies the scope of the collective assets of the rural areas,clarifies the property rights and expresses the responsibility.Specific ways include four aspects: First,according to the theory of membership rights to determine the ownership of the ownership of the subject;the second is to rationalize the collective management of assets,the rational allocation of shares;third is to share the rural collective economic organizations In the governance.Fourth,the six rights of the right to share the right to regulate and improve the rights of the right to relief system.Not only do this need to reform the system of property rights and the reform of the shareholding system,and gradually push forward the shareholding reform of the rural collective assets,and give the village collective members more substantive property rights and develop Rural Collective Economy.