农村资金互助社自治权问题研究
发布时间：2019-05-15 05:23
【摘要】：从自治权视角研究农村资金互助社的制度完善,可助力其制度环境的合理化与科学化。农村资金互助社的自治以公私两元的权力划分以及国家适度干预为基础;以自主设立、自主经营、自主管理、自主发展、合理退出为内容;具有符合经济规律、符合现代法治的必然性。然而,农村资金互助社却面临严苛的设立条件、过度的经营监管、不成熟的治理结构、匮乏的融资渠道以及粗糙的退出机制困扰。考察乡土秩序和农村资金互助社自身结构的风险防控能力,发现可以对农村资金互助社进行全面立法以提高其法律位阶、改变准入模式以放宽准入、改变监管理念以完善经营、借鉴公司治理以重构治理模式、拓展融资渠道以求持续发展以及落实科学退出机制以保证社员利益。当然,农村资金互助社的自治权也不应当被过分强调,应当保证其在金融市场需要和国家宏观调控的限度之内。考察农村资金互助社关涉的领域,发现应当在符合产业政策与国家金融安全领域进行农村资金互助社的自治权限制。
[Abstract]:From the perspective of autonomy, the study of the system perfection of rural mutual fund cooperatives can help the rationalization and scientization of its institutional environment. The autonomy of rural mutual fund cooperatives is based on the division of power between public and private and the moderate intervention of the state, with the contents of independent establishment, independent management, independent development and reasonable withdrawal. It is in line with the economic law and the necessity of modern rule of law. However, rural mutual fund cooperatives are faced with strict conditions for the establishment, excessive management and supervision, immature governance structure, lack of financing channels and rough exit mechanism. By investigating the risk prevention and control ability of the local order and the structure of the rural mutual fund cooperatives, it is found that we can carry out comprehensive legislation on the rural fund mutual aid cooperatives to improve their legal rank, change the access mode to relax the access, and change the regulatory concept to improve the operation. Draw lessons from corporate governance to reconstruct the governance model, expand financing channels for sustainable development and implement the scientific withdrawal mechanism to ensure the interests of members. Of course, the autonomy of rural mutual fund cooperatives should not be overemphasized, but should be guaranteed within the limits of financial market needs and national macro-control. By investigating the fields related to rural mutual fund cooperatives, it is found that the autonomy of rural fund mutual aid cooperatives should be restricted in the field of industrial policy and national financial security.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F832.35
本文编号：2477342
[Abstract]:From the perspective of autonomy, the study of the system perfection of rural mutual fund cooperatives can help the rationalization and scientization of its institutional environment. The autonomy of rural mutual fund cooperatives is based on the division of power between public and private and the moderate intervention of the state, with the contents of independent establishment, independent management, independent development and reasonable withdrawal. It is in line with the economic law and the necessity of modern rule of law. However, rural mutual fund cooperatives are faced with strict conditions for the establishment, excessive management and supervision, immature governance structure, lack of financing channels and rough exit mechanism. By investigating the risk prevention and control ability of the local order and the structure of the rural mutual fund cooperatives, it is found that we can carry out comprehensive legislation on the rural fund mutual aid cooperatives to improve their legal rank, change the access mode to relax the access, and change the regulatory concept to improve the operation. Draw lessons from corporate governance to reconstruct the governance model, expand financing channels for sustainable development and implement the scientific withdrawal mechanism to ensure the interests of members. Of course, the autonomy of rural mutual fund cooperatives should not be overemphasized, but should be guaranteed within the limits of financial market needs and national macro-control. By investigating the fields related to rural mutual fund cooperatives, it is found that the autonomy of rural fund mutual aid cooperatives should be restricted in the field of industrial policy and national financial security.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F832.35
【参考文献】
相关期刊论文 前1条
1 张艳花;杨青坪;莫江;戴硕;;一起非法设立金融机构事件引发的思考[J];中国金融;2010年06期
，本文编号：2477342
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