Research On The Legal Issues Of Collective Assets

The rural economy is developing rapidly and the total amount of collective assets is gradually increasing.The state has put forward the reform policy of quantifying the conversion of shares of rural collective assets,and has endowed farmers with the rights and abilities of owning,earning,compensated withdrawal,mortgage,guarantee and inheritance of shares of collective assets.Each pilot actively explored the methods of pledge of shares of collective assets,and explored the types of shares suitable for pledge of shares of collective assets according to the practice of the pilot units.From the asset types quantified by share conversion,it is clear that the share pledge of collective assets is mainly based on the shares formed by the shareholding of operating assets;From the type of collective assets shares,it is clear that the pledge of collective assets shares is dominated by individual shares;From the type of the management mode of collective assets and shares,it is clear that the pledge of collective assets and shares is dominated by shares under the static management mode.In the establishment of collective assets share pledge,the first step is to clarify the methods and procedures of share value assessment,and prudently explore the share assessment institutions.Secondly,it is not necessary to obtain the consent of the collective economic organization to establish the pledge right of collective assets shares internally,but it is required to obtain the consent of the collective economic organization to establish the pledge right externally.Finally,it is clear that the pledge of collective assets shares takes registration as the effective condition and determines the registration authority.In the process of the pledge,the validity of the pledge of shares shall be clarified,and the rights of both parties,collective economic organizations and other members of the collective shall be protected.The share pledge of rural collective assets can be realized through negotiation,purchase,storage and public transaction.In the end,in view of the risks existing in the pledge process of rural collective assets,the risks can be shared by improving the construction of rural financial system,setting up risk compensation by the government,establishing financial guarantee institutions,and setting pledge rate by financial institutions.