论我国农村资金互助社的融资制度创新及其法律保障

农村资金互助社是我国农村金融实践的产物,是我国农村合作金融的起步形态。由于相关法律制度的缺陷及政策支持的不足,目前农村资金互助社普遍面临着融资困境,主要表现为难以获得金融许可证,处于银监会监管下的正规农村资金互助社发展步履维艰。针对农村资金互助社融资制度中存在的法人财产权属制度模糊和融资方式低效两个缺陷,应赋予农村资金互助社法人财产制度合作金融特征,实质性拓展农村资金互助社的融资方式,并完善农村资金互助社融资制度创新的法律保障。

The Financing Institutional Innovation and Legal Protection of Rural Mutual Financial Cooperative in China

The rural mutual financial cooperative is the outcome of rural financial practice and the initiative form of cooperative finance in China .Due to the lack of pertinent legal systems and inefficient support of policies, the sound development of rural mutual financial cooperative is encountered with financing predicaments, i.e., it is difficult to acquire finance license and the regular rural mutual financial cooperative cannot well develop under CBRC ’ s regulation.In dealing with the fuzzy property ownership of the legal person and its inefficient financing forms , the legal person status with features of cooperative financing should be granted to the rural mutual financial cooperative , and its financing modes should be substantially expanded and the legal protection of its institutional innovation should be perfected as well .