Objective/Meaning 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 This paper adopts a combination of literature research, empirical research and normative research. Theoretically, it clarifies that rural collective asset equity is a property right, and the object of equity guarantee is the income distribution right of rural collective assets rather than all powers of traditional equity. Following the guarantee path of future claim pledge, it complies with the provisions on accounts receivable pledge in the Civil Code of the People’s Republic of China, and is consistent with the direction of the reform of rural collective property rights system.
Results/Conclusions The study shows that in terms of guarantee establishment rules, the pledged object shall be limited to the income distribution rights of collective members. The pledge takes effect upon registration without the consent of rural collective economic organizations, and the loan purpose shall be restricted to agricultural sectors. For the enforcement rules of security rights, the pledgee may obtain priority repayment through discount, auction or sale of the income distribution rights, and the identity restriction on transferees should be abolished. In terms of supporting measures, it is 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. Following the same legal principle, such rights can 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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