Objective/Meaning Rural collective asset equity guarantees are one of the important measures in the reform of the rural property rights system. At present, in practice, the paths and rules of guarantees also vary greatly, which is not conducive to further advancement of the reform.
Methods/Procedures By combining literature research, empirical research, and normative research, the study theoretically clarifies that the nature of rural collective asset equity is property rights, with the object of equity pledge being the distribution rights of rural collective asset income, rather than all the rights of traditional equity. Following the guarantee path of future debt pledge, it aligns with the provisions of the Civil Code on accounts receivable pledge and also conforms to the direction of rural collective property rights system reform.Results/ConclusionThe research showed that, in terms of guarantee establishment rules, the pledged object should be limited to the income distribution rights of collective members, the pledge takes effect upon registration without requiring approval from the collective economic organization, and the loan purpose must be confined to the agricultural sector. As for the rules for realizing the guarantee right, the pledgee can have priority in repayment by discounting, auctioning, or selling the income distribution rights, and the identity restrictions on the transferee should be removed. In terms of supporting measures, a sound loan risk-sharing mechanism should be established, and the construction of the rural property rights trading market should be accelerated. Additionally, the collective agricultural data income distribution rights should be included in the analysis perspective and can, following the same legal principle, be incorporated into the future creditor rights pledge system, providing a unified theoretical solution for fully realizing the financing function of rural collective assets.
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