Research On The Legal Issues Of The Rural Internal Financial Cooperatives In China

With a faster speed of building a moderately well-off society in an all-round way and a great modern socialist country in China,the reform in China's different regions,industries and fields has been deepened gradually and all systems and mechanisms have been innovated constantly.However,the "Three Rural Issues(agriculture,rural areas,and rural residents)",including decentralized operation of agriculture,idle rural resources and farmers' low income,have restricted China's overall development speed and quality dramatically.The issues above can be essentially ascribed to two aspects:On the one hand,the small scale,low aggregate and low emphasis of the rural finance make finance unable to exert a significant role in boosting agricultural industrialization development,improving rural infrastructures and fulfilling farmers' venture capital;on the other hand,farmers,as the vulnerable groups,have a low organization degree.The cooperation and mutual assistance organizations were set up to boost the development of "the Three Rural Issues" according to the original intentions.However,due to the government's excessive interventions,the cooperation and mutual assistance organizations,such as cooperative foundations,supply and marketing cooperatives and credit cooperatives,become the accessories of administrative management system and cannot play a decisive role in improving the current status of rural finance.In order to resolve the backward rural finance and farmers' capital shortage at present,rural capital mutual assistance cooperative emerges.However,due to the administration of financial business under China Banking Regulatory Commission,the too strict supervision has restricted the cultivation and growth of rural finance under the "acquaintance society".Under the leadership of Professor Li Changping,the expert specialized in "Three Rural Issues",the internal rural financial cooperative(hereinafter referred to as "The Cooperatives")runs resources,capital and assets intensively by focusing on finance and based on "trinity"(trinity refers to production,supply and sales,credit)and "unity of four rights"(four rights means for the rural major decisions,Party branch performs the decision-making organization right,villager(representative)meeting performs decision-making voting right,village committee performs decision-making implementation right and village supervision committee performs decision-making supervision right)through summarizing the experience of 112 pilots,so that property circulation and trading can be integrated to crack down upon the difficulties for the development of small-scale peasant economy under collective land ownership system and boost the rural economic development vitality.By studying the theoretical support and development history of the Cooperatives,defining the legal status of the Cooperatives,analyzing its property source and distribution of earnings,understand cooperative members' internal governance structure such as cooperative members' rights and democratic management and making clear its external supervision entity and responsibilities,several suggestions have been proposed regarding the healthy and steady development of the Cooperatives in order to improve the relevant laws regarding the Cooperatives,provide some ideas on building rural mutual assistance cooperation organization system and therefore create a solid legal guarantee for boosting rural finance,optimizing industrial structure,enhancing rural modern governance,booming rural economy and facilitating farmers' income.In clarifying the legal status of Rural Internal Financial Cooperatives,through the comparison of Internal Financial Cooperatives with other three types of cooperatives,based on the integration of the advantages of Farmers' Professional Cooperatives,Rural Credit Cooperatives,and Rural Capital Mutual Cooperatives.The paper puts forward the full use of capital assets,comprehensive cooperatives with unified property rights,financial rights,and governance.At the same time,the rural built-in financial cooperatives are recognized as cooperatives in accordance with internationally recognized principles of cooperatives,and in accordance with relevant Chinese laws,they are clear about the non-profit nature of the services,they provide to members and the profitable behavior of profit Nature,analyzes that Internal Financial Cooperatives are special legal persons who have independent property,can independently exercise their rights and assume responsibilities,and have both humanity and equity,thereby organizing farmers and establishing the dominant position of farmers to participate in market competition after union.In analyzing the source of The Cooperatives 'funds and the distribution of surplus,from the perspective of a legal person,the ownership of the property rights after the capital contribution of the members is pointed out.It is pointed out that The Cooperatives,as a legal person,engages in unlimited responsibilities to the outside when engaging in civil and commercial activities.The members bear limited liability to The Cooperatives with their contributions,and determine the members.The property contributed by the cooperatives belongs to The Cooperatives.From the source of the property,the analysis of the members' contributions including currency,in-kind,and personal property rights of property,etc.,focuses on the analysis of the investment in land management rights,forest rights,and the right to use the homestead,and rolls over the provident funds.Research on stock ownership.In terms of property use,it is divided into four aspects:use of monetary property,use of non-monetary property,surplus distribution,and public welfare expenditure.Profitability,pay attention to the scientific and reasonable use of physical and intangible assets,save the production and operation costs of cooperatives,and propose a reasonable determination of the distribution order of surpluses to ensure the participation of members,while paying attention to provident funds for members'education and training,and information technology investment.In strengthening the internal governance of The Cooperatives,clarify the conditions for joining,restrict the proportion of corporate members and investment members,and adhere to the cohesion of cooperatives.At the same time,analyze the members' voting rights,voting rights,the right to be elected,the right to know,supervision,and the right to receive capital remuneration And the rights of members such as the right to distribution of earnings,the right to service,and the right to withdraw from society,proposed that members have equal status in The Cooperatives,and analyzed how to ensure the democratic management and democratic decision-making of The Cooperatives with the members' rights as the starting point.discuss.In improving the external supervision of The Cooperatives,focusing on clarifying the main body of supervision,constructing a supervisory system,and strengthening supervisory responsibilities,it analyzes the approval departments,bank supervision departments,support departments,and township governments involved in the establishment of approvals,support development,and year-end audits.By analyzing the supervision content,methods and responsibilities of various departments,the principle of moderate government intervention was put forward to avoid the situation of "catch and die,let go and chaos" in the supervision process,and provided reasonable suggestions for high-quality and efficient supervision.Finally,based on the steady and healthy development of The Rural Internal Financial Cooperatives,the feasibility proposals for establishing a comprehensive service system for farmers 'cooperatives,rationally regulating government-cooperative cooperative relations,constructing equity incentives and information disclosure systems,and improving the members' right relief system were proposed.