收益分配权视角下农村集体资产股权担保的法理澄清与制度完善

Legal Clarification and Institutional Perfection of Rural Collective Asset Equity Security from the Perspective of Income Distribution Rights

  • 摘要:
    目的/意义 农村集体资产股权担保是农村产权制度改革的重要举措之一。实践中,担保路径和规则存在较大差异,不利于改革的进一步推进。
    方法/过程 采用文献研究、实证研究与规范研究相结合的方法,理论上廓清农村集体资产股权的性质是财产权,股权担保的客体是农村集体资产收益分配权,而非传统股权的全部权能;遵循将来债权质押的担保路径,契合《中华人民共和国民法典》关于应收账款质押的规范,也符合农村集体产权制度改革的方向。
    结果/结论 研究表明,在担保设立规则上,质押对象应限定为集体成员的收益分配权,质押经登记生效而无需集体经济组织同意,贷款用途须限于农业领域;在担保权实现规则上,质权人可通过折价、拍卖或变卖收益分配权的方式优先受偿,且应取消对受让主体的身份限制;在配套措施上,应建立健全贷款风险分担机制并加快农村产权交易市场建设。此外,还应将农村集体数据收益分配权纳入分析视野,依循同一法理归入将来债权质押体系,为农村集体资产融资功能的充分发挥提供统一的理论方案。

     

    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.

     

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