Research On Legal Challenges And Countermeasures To Rural Collective Economy In Shareholding System Reform

For purposes of exploring effective forms of collective ownership in rural areas,innovating the operation mechanism of rural collective economy,and protecting the property rights and interests of farmers’ collectives.On December 26,2016,the "Opinions of the Central Committee of the CPC and the State Council on Steadily Promoting the Reform of the Collective Property Rights System in Rural Areas" was issued,which made a comprehensive deployment of the reform of the rural collective property rights system and opened the prelude to the systematic reform.In recent years,the state has vigorously promoted the reform of the rural collective property rights system,promoted the development and growth of the new rural collective economy.The "No.1 central document" of 2023 also made a clear instruction to consolidate and enhance the achievements of the reform of the rural collective property rights system.The reform of the rural collective asset shareholding system,as the core content of the collective property rights system reform,is closely related to the vital interests of the rural masses and has an impact on the final effectiveness of the collective property rights system reform and the development and growth of the rural collective economy.Based on this,this paper takes the rural collective economy in the context of the shareholding system reform as the research object.By analyzing and summarizing the views of different scholars and sorting out the historical development context of China’s rural collective economy,the essence of rural collective economy is deconstructed.Taking this as a perspective and combining with specific nationwide practices,the legal challenges facing rural collective economy in the current collective asset shareholding system reform are analyzed,and targeted suggestions are proposed accordingly.In addition to the introduction and conclusion,this paper consists of four parts:The first part is the deconstruction of the essence of the rural collective economy in the context of the shareholding system reform.This part summarizes the different scholars’ understanding of the rural collective economy,traces the historical development of the rural collective economy in China,and deconstructs the essence of the rural collective economy based on this,laying the foundation for the subsequent research in this paper.The second part is the practical investigation of the rural collective economy in the context of the shareholding system reform.This part examines the practice of the reform of collective assets shareholding system in rural areas across China,and summarizes specific reform measures in terms of quantitative distribution of shares,setting of equity,and management of equity.The third part is the legal challenges of the rural collective economy posed by the measures of the shareholding system reform.From the perspective of the essence of rural collective economy,this part expounds the legal challenges brought by the above three types of shareholding reform measures to rural collective economy.Firstly,in the quantitative policy model of shareholding conversion,the realization of the goal of benefit sharing is excluded from quantifiable assets;separating the integrity of collective assets leads to the differentiation of collective ownership.Secondly,in the equity setting,the private ownership logic contained in some member shares is not coordinated with the fundamental public ownership of the collective economy;its formation mechanism does not match the legal connotation of collective ownership;the tendency of collective shares to compete with the people is inconsistent with the goal of collective interest sharing.Thirdly,the unfairness and instability factors in the equity management model affect the realization of rural collective interest sharing goals and collective ownership.The fourth part provides suggestions for addressing the legal challenges faced by rural collective economy in the context of the shareholding system reform.This section provides targeted suggestions for addressing the legal challenges faced by rural collective economy in the process of shareholding ownership reform,based on the current situation of Chinese rural collective property rights system and the research content mentioned above.The targeted suggestions include: The first suggestion is to clarify the characteristics of collective assets that can be quantified into shares,and include two types of resource assets,namely collectiveoperated construction land and "usable barren lands" in the scope of the reform;The second suggestion is to improve the equity setting model by determining the composition of member stocks with population-based stocks as the main component and age-based stocks as the secondary component.The existing collective stocks should be reformed and improved through the design of a "priority + golden stocks" structure and a path to reduce the proportion of collective stocks;The third suggestion is to adopt a dynamic and static combined stock management model,with dynamic adjustments based on changes in population for population-based stocks,and static management for fixed and unchanging agebased stocks.