A Study On The Legal Subject Status Of Rural Credit Cooperatives

Rural credit cooperatives are the important component of the rural financialsystem in recent years, the "three rural" issue has been highly concerned about thecountry and the party, the focus will clearly eighteen "three rural" issue as a work ofthe Party and the country. To support the rapid development of the rural economy, theThird Plenary Session of eighteen proposed "development inclusive finance", whichhighlighted the rural credit cooperatives market position as the backbone of ruralfinance.2014is the central document in the case of two specifically for rural creditcooperatives financial services and institutional innovation, which shows the rapidgrowth of developing relations to solve the rural credit cooperatives and ruraleconomy "Three Rural Issues".Although after a previous reform of rural credit cooperatives, the managementhas been greatly improved, but compared to other financial organizations, there aremany issues that need improvement. If property is not clear, imperfect corporategovernance and supervision system is not perfect and so on. Many scholars are theproblems of rural credit cooperatives made a detailed argument, I believe thatfundamentally solve the existing rural credit cooperatives management issues, wemust first clarify the legal status of rural credit cooperatives main front of this issue.This paper analyzes the legal status of the body’s main line of rural creditcooperatives, analyzes some problems because of the dominant position of the ruralcredit cooperatives unclear cause, such as the organization of alienation, corporategovernance is not complete, without the realization of the right of members, unclearproperty rights, regulations earnings blank, etc., from the internal analysis of theimpact of rural credit cooperatives body positioning is unclear. Pointed out that ruralcredit cooperatives because the main positioning is unknown, a large potentialfinancial risks and difficulties in their operations, from the external analysis of themain effects is unclear status of rural credit cooperatives.Look beyond the surface,root cause analysis of these problems are-we have no specific law to clarify the legalco-finance the dominant position of rural credit cooperatives. Then combine ruralcredit cooperatives legislation in Germany, France, the United States, Japan and othercountries, combined with China’s actual situation, the main argument the legal statusof rural credit cooperatives, the proposed rural credit cooperatives should be reasonably positioned as an independent non-profit mutual benefit corporate.After analyzing the defects of legislation on rural credit cooperatives, proposedthe development of "rural cooperative financial law," the recommendations as soon aspossible, we recommend that a clear legal status of rural credit cooperatives in themain legislation on property rights, membership rights system, surplus distributionsystem, corporate governance system, and so do a reasonable requirement. In addition,in view of the special legal nature of rural credit cooperatives, and the "three ruralservices," the actual situation, it is recommended to provide more policy support torural credit cooperatives are mutually beneficial to highlight the legal status of a legalperson, to better maintain the self-employed,"three rural services" direction.