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Research On The Reform Of Collective Asset Shareholding System In Urban Transitional Communities

Posted on:2022-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:X R FuFull Text:PDF
GTID:2506306476479094Subject:legal
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In the process of advancing urbaniza.tion=in order to realize the integration of cities and towns quickly and well,many places have withdrawn villages to live together,farmers have become urban residents,and villages have also become urban communities.In the process of this transformation,in order to protect the property rights of community residents and increase their property income,the state has explored a way to reform the shareholding system of collective assets.These changes and explorations are the products of the times and are in line with the development requirements of the times.But the development of things is a process.All things can achieve their own development only after a certain process,In this process,there may be conflicts,setbacks,and stunbling blocks.The process of collective asset shareholding reform in urban transformation communities is no exception,because the lack of legal systems faces some practical problems.The author first defines the related concepts involved in this article,based on their historical background and the research of related scholars,especially focusing on the subject of this article’s research object—urban trans formational communities,and explores the source and charact eristics of the subject.Analyzed the necessity of shareholding reform in urban transitional communities.Then I took the author’s own life in Licheng District A community in Jinan City as the research object.Based on reading a large number of scholars ’relevant literature,I interviewed the secretaries and villagers of the community by means of field investigations,and summarized the current problems faced by the community’s shareholding system reform.Some legal dilemmas.First of all,due to the absence of national laws:the identification of collective membership has become the most difficult problem.Because there is no authoritative law as a guide,various progrums of the community have been opposed by the residents of the community.Secondly,collective economic organizations have undertaken too many social public service functions,and community public aff airs expenditures have affected the accumulaation of collective economic organizations asset.Third,the law’s ambiguous and intersecting provisions on the functions of collective economic organizations and residents committees have led to the "no separation,of government and enterprises between,collective economic organizations and residents committees.Finally,the boundaries of collective property rights.the management system of collective assets:and the income distribution system also lack corresponding Legal guidance.After summarizing and analyzing the legal dilemmas faced by the community the author also deeply understood the detailed ideas of the two camps of residents agreeing to and disagreeing with the community’ s collective asset shareholding system reform,and found that some of the current state policies for implementing the-collective asset shareholding system reform ignore the community.The real needs of residents.In addition.the author also compared the community with the joint-stock reform in Guangdong Province.major province with joint-stock reform.and gained some enlightenment from the three aspects of govemment-enterprise relations,management methods,and government expropnation practices.Through the above-mentioned series of work,the author has made some suggestions on the lack of law in the reform of collective asset shareholding system in urban transformational communities:The current reform of collective asset shareholding system in urban transformational communities should strengthen the rule of law,and improve relevant laws to cooperate with,local govemments.Legislation and village regulations and the people’s agreement jointly promote the reform process of the collective asset shareholding system in urban transformational communities.The specific methods are as follows:First,it is necessary to flexibly recognize the qualifications of collective membership.Different qualification methods should be adopted for regions with different economic development level:but it is also necessary to avoid giving local govemments and collective economic organizations too much room for maneuver,otherwise it will be repeated again.Lead to difficult membership recognition.Second,it is necessary to promulgate relevant laws to clearly divide the functions of grassroots political organizations and collective economic organizations,so as to truly"separate politics and economics" Third.it is necessary to formulate laws to clear the collective assets of the community,promote the quantification of assets,and optimize the equity setting and other procedures to regulate.Fourth the law on rural collective economic organizations must be promulgated as soon as possible,and other relevant laws must be amended to clarify the legal subject status of rural collective economic organizations.Fifth,we must improve the legal system for the distribution of income from collective operating assets.
Keywords/Search Tags:Urban Transformation Community, Collective Assets, Stock-holding System Reform
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