Study On The Legal Issues Of Shares Of Rural Collective Assets

The rapid development of market economy and the acceleration of industrialization and urbanization have brought about profound changes in the rural economic and social structure.On the one hand,land and other resources are constantly increasing in value.Many suburbs and rural areas take this effort to develop the second,and the third industry,plus a huge amount of compensation for land expropriation.The amount of the collective assets has been no longer what it was before,and the ownership of the new wealth needs to be redefined.On the other hand,the number of farmers who lost land is increasing,and collective assets become into the main guarantee of life.It is necessary to straighten out the property relationship in order to avoid the embarrassment of land loss,unemployment and loss of insurance.However,it has been a long time that rural collective assets have been in a state of unclear ownership,unidentified powers and responsibilities,unequal protection,unsmooth circulation,unadvisable management and unable appreciation.The reform of rural collective assets demutualization is a major subject in the rural reform and development in China,and is an important measure to maintain the rights of the collective income distribution and to strengthen the rural collective economy under the new historical conditions.This article takes the legal problems in the process of the reform of rural collective assets demutualization as the breakthrough point,which divided into six chapters.The main contents are from Chapter 2 to Chapter 5.Chapter 2 is an analysis of the scope of quantification.Because of the current legal system,there is no specific connotation of rural collective assets and the relevant provisions of the scope of asset quantification,which leads to different practices in the fulfillment of reform.Moreover,there are great debates in the academic circle,especially whether resource assets and non-operational assets should be included in the scope of asset quantification.This chapter firstly clarifies the concept of rural collective assets and compares the specific practices of different regions in the reform practice,and then analyses the circulation of resource assets and the public welfare of non-operational assets,and advocates that the resource assets and non-operational assets should not incorporate into the current scope of asset quantification of share-holding reform.Chapter 3 is the conception of equity setting.The reasonable setting of equity is the key link of the reform of collective assets demutualization.Put forward the idea of the system of equity setting,and it is of great significance to form a unified understanding of the establishment of equity.In view of the abolishment or not of collective shares,if we want to preserve collective shares,we can transform them into preferred shares to reduce the adverse effects caused by “Insider Control”.If collective shares are abolished,it can be replaced by public welfare fund to avoid a second distribution of collective shares.In view of the structural problem of individual shares,it is mainly composed of the population stock and the aged stock,and it should gradually reduce the proportion of the population shares and increase the proportion of the aged shares to stimulate the enthusiasm of the members of the collective economic organizations further.Based on local actual situation and the wishes of the masses,the special shares should be set conditionally and carefully as only child reward shares and raised shares,instead of the contribution shares of the cadres.Chapter 4 is the analysis of equity rights and powers.To deepen the reform further,we must realize the transformation from the “one power” to “six power” of the members of the collective economic organization.Stock rights and powers can be roughly divided into three levels: basic power,disposition power and guarantee power.The basic power belongs to the meaning of the equity title,and the disposition power mainly refers to the three kinds of rights of shares transfer,succession and shares withdrawal.It should be establishing the platform of equity trading and perfecting the social security system to allow the transfer of the shares to the outside,and the principle of autonomy of the party can be carried out.According to the wishes and organization of the members,the articles of association make reasonable arrangements for the succession and withdrawal of shares,and it must be prudent to endow the power of the share guarantee.It is necessary for the collective economic organization to issue a share guarantee financing method and the government set up a special risk compensation fund to share the loan risk together.Chapter 5 is the choice of the operation carrier.Through the comprehensive analysis of the advantages and disadvantages of the three different carriers of the economic cooperative,business entity and stock cooperative,it points out that stock cooperative has the dual advantages of the two parties of the cooperative system and the stock system.At present,the scope of application in the reform practice is relatively wide,but it cannot deny the reform of the system of collective economy in rural areas by “separation of government and enterprises” will also be a new direction for future carrier selection.However,the specific choice of carriers can be flexibly determined according to the level of local economic development and the maturity of reform.