The Study Of Legal Protection For Sustainable Development Of Rural Capital Mutual Cooperative Organization

Compared with other financial institutions, rural capital mutual cooperative organization as the farmers of the citation of rural cooperative financial organizations has the endogenous advantage. It can satisfy rural small, short-term lending requirements and solve the rural development financing difficulties. So it has strong vitality. However, due to its congenital defects and the short of national system supply, its encounter many problems in developing, such as legal status not recognized, financing difficulties and insufficient in ability of internal control in risk. These issues seriously restrict the sustainable development of rural capital mutual cooperative organization. In view of these restriction factors, the author adopts the method of cause analysis and transverse comparison, refers the foreign successful experience of the rural cooperative finance in rural cooperative foundation and draws the lessons of the collapse of rural cooperative foundation, then put forward to legal suggestions to guarantee the sustainable development of rural capital mutual cooperation organization on the basis of the successful experience and the lessons, in order to ensure its stable and sustainable development by the legal safeguard measures, and to provide the funding power for rural economic development.This discourse structure and specific content as follows:Preface part: after analyzing the characteristic of the change of our country rural cooperative finance, and investigating the reform path of rural land reform and the envelopment of township enterprises since China's reform and opening-up, concluded that the rural cooperative finance lead by the government didn't conform to the law of the development of rural cooperative finance. So it demonstrated that this new rural cooperative financial form - rural capital mutual cooperative organization complied with the requirement of The Times.The first part: summarized the rural capital mutual cooperative organization. Firstly introduced the background of the rural capital mutual cooperative organization; Secondly definite preliminarily the rural capital mutual cooperative organization, and described its specific definitions from theory and legal, and generalized its organization and management, guarantee, mechanism of capital operation, and on this base we preliminarily understood the rural capital mutual cooperative organization. Finally summarized the classification of the rural capital mutual cooperative organization, there are four types: spontaneously founded mode, collaborative development-oriented mode, external cost-driven mode and the mode funded by public welfare and government.The second part: analyzed rural capital mutual cooperative organization by example, the author selected two representative cooperatives by standard whether to have the financial license, concluded that rural capital mutual cooperative organization met the obstacle to devolvement, and summed up factors restricting sustainable development of rural capital mutual cooperative organization on the base of combing the problem of two types of cooperatives.The third part: analyzed the necessity and feasibility of rural capital mutual cooperative organization. Firstly it is necessary for the existence of rural capital mutual cooperative organization, due to the lack of capital in countryside and financial services of regular financial institutions, which required that the farmers founded the rural capital mutual cooperative organization to meet demand of rural development in fund; Then the theory that the farmer did have cooperative financial rights and the advantages of rural capital mutual cooperative organization in information equivalence, loan costs, loan guarantee and way of loan, confirmed that it is feasible for the rural capital mutual cooperative organization to exist. The fourth part: analyzed comprehensively factors restricting sustainable development of rural capital mutual cooperative organization. The author analyzed theoretically restrictive factors to rural capital mutual cooperative organization from internal and external development conditions perspective. On the one hand there is inner congenital deficiency of rural capital mutual cooperative organization, which mainly manifested in personnel quality and weak survival environment; on the other hand there is inadequate in national system supply. National macro policy adjustment didn't follow up the pace of microstructure innovation in the influence of'Institutional inertia', which constrained the growth of the new system.The fifth part: introduced the domestic and foreign rural cooperative financial history lessons and experience. Firstly based on the analysis of the reason of the collapse of the rural cooperative foundation, the author further comb constraining factors to sustainable development of rural capital mutual cooperative organization, then extended the importance to guarantee the sustainable development through legal ways; Secondly introduced overseas success form of rural cooperative financial organizations and summed up successful experience referred to rural capital mutual cooperative organization, mainly including special rural cooperative financial legislation and the government's advantageous support.The sixth part: after analyzing restriction factors and the experience and lessons, the author proposed specific legal suggestion to construct the legal system of rural capital mutual cooperation organization. Firstly legislated rural cooperative financial subject law - the rural capital mutual cooperative organization, defining its legal nature, access and exit criteria, property and incentive system, internal corporate governance and financial regulatory system; Secondly completed matching regulations of rural cooperative financial, including external financing platform and risk prevention regulations; Finally legalized the government's responsibility in government's determination, guiding, training and funding support, in order to play a better role in the support of the government.Epilogue part: reaffirmed the main content of this paper, it is necessary for rural capital mutual cooperative organization to ensure the effective system supply. So state should establish legal status of rural capital mutual cooperation organization, and legalize government's liabilities in support, in order to build up law guarantee system of sustainable development of rural capital mutual cooperative organization.