Study On Legal Supervision Path Of Rural Collective Assets

With the advancement of the reform of China’s rural collective property rights system,the ever-expanding rural collective assets have become the "engine" for the development of a new rural collective economy.Document No.1 of the Central Committee in 2023 clearly states: "Consolidate and improve the achievements of the reform of the rural collective property rights system,build an operating mechanism with clear property rights relations,scientific governance structure,stable operation methods,and reasonable income distribution,and explore diversified ways such as resource contracting,property leasing,intermediary services,and asset participation to develop a new rural collective economy." Improve the supervision system for rural collective assets."Strengthening the supervision of rural collective assets will help crack down on corruption at the grassroots level in rural areas,optimize the governance structure of collective assets,promote the healthy and orderly development of the collective economy,and revitalize idle resources in rural areas and promote their rapid growth."In addition to the introduction and conclusion,this article is divided into the following three parts.The first part clarifies the necessity of legal supervision of rural collective assets.From the theoretical level,rural collective asset managers may deviate from collective interests in the process of managing collective assets.From a practical level,China’s rural collective assets are large in scale and total,and the loss is serious;From the policy level,under the background of the policy of separation of powers in rural contracted land,contracted land,as the most important collective asset in rural areas in China,faces serious legal risks.From the organizational level,rural collective economic organizations in many areas of China have the phenomenon of "building but not using",which makes the internal regulatory bodies of collective economic organizations in these places useless,and must be strengthened through universal external legal supervision.The second part analyzes the practical difficulties in the legal supervision of rural collective assets in China.It is found that in legislative supervision,central legislation lacks systematization and pertinence,and local legislation lacks differentiation and timeliness.In administrative supervision,there are no supervisory entities at the district,county,town,street and village levels,with limited supervision means and weak supervision strength;In judicial supervision,the public interest litigation system is lacking and the application of law is difficult;In the regulatory responsibility constraint,there is a lack of accountability mechanism for regulators.The third part Propose specific measures to improve the legal supervision of rural collective assets.This article adopts a combination of macro principles and micro paths to address the aforementioned issues At the macro principle level,adhere to the principle of lawful supervision,the principle of coordinated supervision and the principle of attaching importance to judicial supervision;At the micro path level,firstly,the central government should carry out legal revision work and issue legal interpretations,and abolish lagging laws and differentiated legislation at the local level;Second,clarify the rights and responsibilities of regulatory entities and establish a comprehensive regulatory law enforcement mechanism;Third,establish and improve civil and administrative public interest litigation systems and issue judicial interpretations;Finally,build a legal supervision and accountability mechanism for rural collective assets.