Study On The Legal Issues Of Rural Collective Assets Equity Inheritance

In the “Decision of the Central Committee of the Communist Party of China on Several Major Issues in Comprehensively Deepening Reform”(hereinafter referred to as the “Decision”)made by the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,it was proposed to specify the equity of collective assets,which clearly stated that the equity of collective assets should have inheritance right.The reform of the rural collective property rights system is an important measure to realize the revitalization of the countryside.The equity inheritance of collective assets is also one of the core contents of the reform of the collective property rights system.However,in the current pilot areas,there are different regulations on the equity inheritance of collective assets.The judgment is also not in line with the original intention of the establishment of equity inheritance.How to carry out shareholding inheritance under the institutional framework in light of the different situations in various places,combined with pilot experience and academic assumptions,has become the focus of this study,and is also an important issue for comprehensively deepening reform and revitalizing the rural economy.Although the reform of the collective property rights system regards inheritance as the content of collective asset equity,there is no uniform provision,and each pilot can make inheritance rules in accordance with the actual local conditions.This article summarizes the practice in many places,and believes that the following key issues of collective asset equity inheritance have not reached consensus.The research of collective asset equity inheritance always takes the reform of collective property rights system as the background,and the discussion of collective asset equity inheritance should take the range of heirs as the starting point.The size of the range of heirs is still controversial in various pilot regions in China;Different heirs 'inheritance of collective asset equity is also different in each pilot region;based on the particularity of collective asset equity,collective asset equity inheritance should also be limited,and this is not involved in many pilot regions;finally,collective asset equity Inheritance involves the common interests of all collective members,and the legal effect of equity inheritance must be ensured.The regulations on equity inheritance in various regions are messy.Combining the above main issues,the author puts forward the following suggestions: first determine the scope of the heirs,put forward the legal basis for the non-collective members to inherit the equity of collective assets,and the identification of the relationship between the successor 's identity for the classification of the collective member standards,and the standard for the identification of collective members Make a summary;secondly,for the successors of different identities,the content of the rights of the inherited equity should also be typed;afterwards,based on the particularity of the equity of the collective assets,a limit is imposed on the inheritance of the equity of the collective assets;finally,the collective economic organization is recognized as The status and functions of managers of collective asset equity inheritance,unify collective asset equity inheritance procedures,and hand over certain autonomy to local collective economic organizations.