Study on the Security System for Share Right in Rural Collective Assets
The share right in rural collective assets is fundamentally different from the equity of a company.From the perspective of both the historical and logical dimensions of rights generation,the share rights in rural collective assets should be characterized as the right to distribution of income after completion of independent transformation,with transferability.The security for the share right of rural collective assets should be established in the form of a mortgage,adopting the mode of change of property right of registration elementalism,and the security registration institution can be gradually unified into a rural property rights exchange center.The assessment of the value of the share rights of rural collective assets should be carried out by a specific institution,and the income method should be adopted,with the collective business situation and the income distribution system as the factors of consideration.Rural collective economic organizations should not act as guarantors,but should have the right to consent to the creation of guarantees.Where the share rught in rural collective assets is used as security for consumer loans,the guarantor may not be limited to financial institutions.It is necessary to include"the estimated price"as a means of realizing the security of a share right in rural collective assets.As a supplementary form of realization of the security of share rights in rural collective assets,storage has a bottom-up nature.After acquiring the share rightin rural collective assets,the storage institution should transfer them in a timely manner.
rural collective economic organizationsrural collective assets sharesright to distribution of earningsright mortgageregistration essentialism
万方数据
维普
