Study On The Legal Protection Of Rural Collective Assets

Sine reform and opening up, the state-owned economy of our country has developed rapidly. In recent years, although the reform of state-owned enterprises is achieved great successes, a serious problem that the loss of state-owned assets was turned up. It impedes the development of the market economy seriously. How to protect rural collective assets from a legal perspective is an important and urgent issue in the development course of present China’s economic society. It’s the key point to consolidate and strengthen the collective economy and enrich farmers becoming well-off, which not only plays important role in success of China’s rural economic reform, but also is an effective way to stick to and improve the basic economic system, promote rural economy continual development in rapid and healthy way, maintain the stability and guarantee the national safety.China is a socialist country to maintain the safety and integrity of rural collective capital, increasing the value of rural collective capital and promoting capital sustained economic development is our common goals and expectations. In market conditions, the effective protection and efficient operation of rural collective capital, increasing the value of rural collective capital has become a major.This article mainly elaborates the following aspects:First, the meaning of rural collective assets was defined and rural collective capital has a scientific classification:Rural collective assets are the various types of property and property rights, which form in the way of Investment, investment and labor, accept gift funds, and are obtained legally. Operating assets are assets of business use, which come into service in the production and business operation activities. It includes managing fixed assets, operating current assets and commercial special assets, managing intangible assets, profit-making long-term investments. According to their economic use, it was divided into operational assets, non-operating assets and assets.Second, it start analysis from the loss of collective assets in rural areas and the low efficiency of causes; analysis the roots of the problem for rural collective assets,which include:relevant legislation lags that leads to loss of collective assets owning to lack of constraints to manager; incomplete reformation of property rights that contain operator responsibilities are not clear and people are failed to set up a collective asset management system.these things lead to fallback of operational assets; governance structure of collective economic organizations is not perfect that means failure of establishment or a mere formality of the joint-stock system in enterprises and cooperative organizations; the deseased examination oversight mechanisms that means collective value does not have a clear assessment of the assets of the target and a collective economic organization of the Manager’s lack of effective oversight. Third, it proposed countermeasures to solve commercial problems of rural collective assets in legal sense which include tripartite:one is to strengthen the operational assets special legislation, propose the State Council to enacte the regulations on management of rural collective assets, define the scope of rural collective assets, clear property rights and accountability, improve the system of democratic management of rural collective assets management system including, contract management system, report of the financial accounting system, the transfer of the assets, assets, and so on. which are Strengthening the operational assets special legislation, establishing and perfecting the system of collective assets operation and of collective assets supervision system. Two is necessary to establish and perfect the collective assets operation system, establish effective incentive and restraint mechanisms, and improve the system of rural collective operational assets assessment, township enterprise system and strict civil liability system of financial supervision. Three is to establish and perfect the system of collective assets supervision. Strengthen the national people’s Congress legislative oversight,at the same time, strengthen public supervision of villagers and refactor the internal audit system of township enterprises, and strengthen the administrative and judicial oversight, which plays an oversight role of the intermediary organization. In short, guarantee healthy development of the collective economy in all aspects, for example legislation, law enforcement and supervision and so on.