Study On The Legal System Of Share Transfer Of Rural Collective Operating Assets

In recent years,with the gradual development and growth of rural collective economy,the problems of fuzzy property right of collective assets and closure of equity circulation are becoming more and more prominent.To this end,some rural areas in the economically developed regions began to explore the reform of the joint stock cooperative system of rural collective assets and accumulated considerable experience in reform.Since the introduction of The Opinions on Steadily Promoting the Reform of the Collective Property Rights System(December 26,2016),the pilot reform of the joint-stock cooperation system for rural collective operating assets has been widely launched throughout the country.Through the shareholding of rural collective management assets,farmers become the main body of equity,clarify the corresponding rights and obligations,invigorate the rural collective operating assets,so that farmers share the achievements of the development of rural collective economy.However,the theoretical research related to the transfer of shares of collective operating assets in rural areas is insufficient,and the construction of the relevant legal system lags behind,which is not conducive to the orderly advancement of the reform of the rural collective management assets shareholding system.Therefore,this paper makes a special study on the transfer of shares of collective operating assets in rural areas.In addition to the introduction and conclusion,this paper is divided into three parts.The first part is the transfer of rural collective operating assets and their shares.Firstly,this paper probes into the meaning of the related concepts of rural collective management assets shareholding system,then combs the development course and general situation of share transfer of rural collective management assets in China,and finally demonstrates the significance of perfecting the legal system of transfer of shares of collective operating assets in rural areas.The second part is the current system,practice and existing problems of the transfer of shares of rural collective operating assets.This part first examines the provisions of legal and other normative documents on the system of transfer of shares of rural collective operating assets.Then it examines the practice of share transfer,and analyzes the problems existing in practice,such as disorderly transaction,serious manipulation of minority in the process of share transfer,and opaque process of share transfer.Finally,it probes into the causes of theseproblems,and the author thinks that the root cause of these problems lies in the lack of law and the lack of system supply.The third part is the perfection of the legal system of the transfer of shares of rural collective operating assets.On the one hand,it puts forward the basic principles of the transfer of shares of rural collective operating assets,including: adhering to the principle of collective ownership of rural collectively operating assets,adhering to the principle of "balance of interests",adhering to the principle of "internal and external differences",adhering to the principles of law,voluntary and paid,and upholding the principles of openness,fairness and impartiality.On the other hand,aiming at the problems and causes of the transfer of shares of collective operating assets in rural areas,this paper puts forward some countermeasures to improve the legal system of transfer of shares of collective operating assets in rural areas.