Study On The Law Of The Allocation Of Equity In Rural Collective Economic Organizations

Since the central government issued documents to clearly reform the shareholding system of collective economic organizations,the current reform task of collective property rights system has been basically completed,rural collective assets have become equity,farmers have become shareholders,the scale of collective economy has been increasing,farmers’ income has been increasing.In each reform pilot,summed up the rich practical experience,has obtained the satisfactory effect,but at the same time in the reform also has some problems.This paper starts from the reform practice,through the analysis of the reform practices in Zhejiang,Shandong,Guangdong,Henan,Heilongjiang and Fujian provinces,the practice of developed regions and western regions,summed up the current experience in the reform,but also found a lot of problems related to the equity.Based on relevant concepts and theoretical basis,this paper first introduces the first introduces the background of the rural collective economic organizations of equity allocation,research purpose,research significance,the main content of the research at home and abroad and the main methods of study and the equity allocation on practice,introduces the foreign research on cooperative system and property right system.The second part is to explain the theory of rural collective economic organization equity.Clear its basic theory and related concepts,including the collective economic organization,collective economic organization members,collective economic organization equity allocation three concepts;Rural collective property rights theory,agricultural cooperatives benefit distribution mechanism and members of collective economic organizations related theoretical basis.Again,through the national various planning include the central file no.1,14 or 15 policy on the analysis of the rural collective property rights,local policy introduced the analysis of the six provinces such as Zhejiang province,and policy implementation situation of Heilongjiang province,around the local practice of equity and equity management and implementation of policy,according to the data analysis,provide support for the following questions.Based on the analysis of relevant policies,this paper analyzes the current situation of legislation and judicature,summarizes the relevant legislation in China,searches relevant cases from China Judicial Document Network,and makes data analysis.Starting from judicial cases,this paper lists two cases of equity disputes,and analyzes the problems of case equity management in reality.Then according to the above crude data to sort out the problems,for China’s rural collective economic organizations equity allocation legal regulation problems analysis,including the equity subject qualification,equity setting and equity management of three issues.In view of the problems,put forward countermeasures,improve the principle of equity subject qualification in the legal level,clear equity subject certification standards;The principle of reasonable setting of equity structure to construct reasonable equity allocation structure;Scientific determination of equity quantitative ratio,perfect the internal governance system;Equity rights and functions shall be protected in accordance with the law.Finally,the conclusion of this paper and the outlook for the future,we should establish a perfect legal system of equity allocation,improve the relevant laws,but also point out the shortcomings of this paper,the circulation of equity analysis is relatively simple,waiting for further discussion and exploration by scholars.