Empirical Study On The Legal Issues In The Constitution Design Of Rural Commercial Banks

In recent years,driven by policy guidance and practical needs,Rural credit cooperatives are constantly reforming and developing.Rural credit cooperatives reform gradually become rural commercial bank,its management system also gradually adopted the shareholding system management mode,the stock management system is in compliance with the rural status quo,on the basis of the formation of a new type of rural commercial bank corporate governance mode.However,whether in theoretical research or in practice,the corporate governance of rural commercial Banks is at a groping stage,and there is no mature system abroad.Most of the related theories are the legal corporate governance structure in the company law,which ignores the actual situation of rural credit cooperatives and its own characteristics.Therefore,in the course of its development,there are some problems restricting the development of rural commercial Banks.These problems are highlighted in the design process of rural commercial Banks.In view of this,the author has studied the existing constitution,analyzed the deficiencies,and tried to put forward Suggestions for improvement.Different areas differ in thousands ways,the rural economy development level rural commercial bank in the process of shareholding system reform tend to ignore its own actual situation,machinery for the company's articles of association of imitation,cause rural commercial bank existing articles of association of practicality is not strong.The constitution plays an important role in the operation of the rural commercial Banks.The scholar Shen Sibao believes that the constitution is the direction of the operation of the commercial bank,and its importance is like the constitution of a country.In the actual operation process,however,the constitution of the rural commercial bank is still not enough mature,the most prominent problem is the fuzzy property right structure,the author thinks that,to the existing bank property rights system reform,and establish a supervision mechanism;Because of the fuzzy property right system,to a certain extent,the legal person management system is incomplete.In order to fundamentally change this phenomenon,it is necessary to draw a proper reference to the mature legal person management system in foreign countries,standardize the three meeting,and pay attention to the combination of material reward and spiritual reward.Above two kinds of problems,for the third person outside of the bank,the biggest problem is the bank the uncertainty of effectiveness to the articles of association of the company,in view of this,the author thinks that,bank the articles of association of the articles of association of the articles of association can be divided into internal and external two parts,and the articles of association of the design process and in combination with its own situation,to develop a suitable characteristic of the articles of association.I combines the corporation law,commercial banking law,economic law and other relevant knowledge,through the comparison of legislative modes at home and abroad,analyzes the practical problems in the articles of association of the rural commercial bank,the related problems in theory and practice of combining,put forward the relevant Suggestions,in order to promote the benign development of the rural commercial bank,the bank really serve agriculture,rural areas and farmers problems.