Abstract:
Objective/Meaning The equity guarantee of rural collective assets is one of the important measures for the reform of rural property rights system. In practice, there are great differences in guarantee approaches and rules, which hinder the further advancement of the reform.
Methods/Procedures By means of a combination of literature research, empirical research and normative research, it was theoretically clarified that the nature of rural collective asset equity was property right, and the object of equity guarantee was the distribution right of rural collective asset income, rather than the full power of traditional equity. Following the guarantee path of future claim pledge, it complied with the provisions on the pledge of accounts receivable in the Civil Code of the People’s Republic of China, and was consistent with the direction of the reform of rural collective property rights system.
Results/Conclusions The results showed that in terms of guarantee establishment rules, the pledged object should be limited to the income distribution rights of collective members. The pledge took effect upon registration without the consent of rural collective economic organizations, and the use of loans should be restricted to the agricultural sectors. In terms of the rules for the realization of security rights, the pledgee may obtain priority repayment through discount, auction or sale of income distribution rights, and the restriction on the identity of the transferee should be abolished. In terms of supporting measures, it was necessary to establish and improve the loan risk-sharing mechanism and accelerate the construction of rural property rights trading markets. In addition, the income distribution rights of rural collective assets should also be included in the analytical framework. according to the same legal principle, such rights could be incorporated into the future claim pledge system, so as to provide a unified theoretical scheme for giving full play to the financing function of rural collective assets.