论城中村集体资产股份化改制中的股权分配
发布时间：2019-02-18 20:05
【摘要】：城中村是我国城市化发展进程中的一种特殊现象，，它不仅挤占了城市的发展空间，更严重影响了城市的景观环境和社会治安，改造城中村是大势所趋。各城中村问题比较突出的城市相继掀起了城中村改造活动。在城中村改造中，村民最为关心的方面就是改造中城中村集体资产的分配。城中村集体资产股份化改制中的股权分配，是城中村改造的核心和关键。对城中村改造的最终完成，以及改造后城中村的稳定和谐都具有重要意义。 要对城中村集体资产进行股份化改制并分配。首先，必须明确可纳入股份化改制范围的集体资产。按照经营性资产和资源型资产的不同特性，理清两种集体资产的来源和组成情况。明确经营性资产可以进入股份化改制的范围，并重点对城中村集体企业资产以及集体土地上开发的房地产两种情况进行分析。在城中村集体土地是否能纳入股份化改制范围问题上，从理论和现实两方面进行分析。认为将城中村集体土地纳入股份化改制范围，不仅是集体土地极端重要性的要求，更是现实的需要，而且符合当前进行的农村集体建设用地使用权流转实验的精神。 通过分析全国城中村改造中将股份化改制了的集体资产分为集体股和个人股的一般做法，得出当前集体资产股份化改制中股权设置的缺陷。即：对于两种股权设置具体包含哪些集体资产的标准模糊且分歧较大。根据个人股可以量化到个人，由个人享有其收益。集体股不以分配给个人为重点，其收益主要用于集体发展的一般性原则。结合不同集体资产的特性，明确了各种集体资产具体属于哪种股权设置类型。以便集体资产得到公平、合理得分配。 城中村人口构成情况复杂，这给股权分配工作带来了一定的难度。因此，必须明确不同人群的特殊性，对于不同人群的分配范围和分配标准予以细化。这样才能保证集体资产分配的公平合理。将城中村人口分为一般的城中村集体经济组织成员与特殊人群，并进一步对特殊人群进行分类。对于不同的人群，给予其不同的分配资格和分配标准。最终完成集体资产股份化改制中的股权分配工作。
[Abstract]:The village in city is a special phenomenon in the process of urbanization development in our country. It not only occupies the development space of the city, but also seriously affects the landscape environment and social security of the city, and it is the trend of the times to reform the village in the city. Each city village problem more prominent cities have set off urban village transformation activities. In the transformation of villages in cities, villagers are most concerned about the distribution of collective assets. The distribution of equity in the demutualization of village collective assets is the core and key of village reform. It is of great significance to the final completion of the village transformation and the stability and harmony of the village in the city after the transformation. To the village collective assets in the city to be demutualized and distributed. First, the collective assets that can be brought into the scope of demutualization must be clearly defined. According to the different characteristics of operating assets and resource-based assets, the origin and composition of the two collective assets are clarified. It is clear that operating assets can enter the scope of joint-stock reform, and the two situations of collective enterprise assets and real estate development on collective land are analyzed. Whether the village collective land in the city can be incorporated into the scope of demutualization reform is analyzed theoretically and practically. It is considered that it is not only the requirement of the extreme importance of collective land, but also the practical need to bring the village collective land into the scope of joint-stock reform. It also accords with the spirit of the current experiment on the circulation of the right to use the rural collective construction land. Based on the analysis of the general practice of dividing the collective assets into collective shares and individual shares in the transformation of villages in cities in China, the defects of stock right setting in the reform of collective assets are obtained. That is to say, the standard of which collective assets are vague and divergent for the two kinds of equity. According to the individual shares can be quantified to the individual, by the individual to enjoy its benefits. Collective shares do not focus on distribution to individuals; their proceeds are mainly used for general principles of collective development. Combined with the characteristics of different collective assets, it is clear which kind of equity establishment each kind of collective assets belong to. So that collective assets are fairly and reasonably distributed. Urban village population composition is complex, which brings a certain degree of difficulty to equity distribution. Therefore, it is necessary to clarify the particularity of different populations and to refine the distribution scope and criteria of different groups. Only in this way can the distribution of collective assets be fair and reasonable. The urban village population is divided into general urban village collective economic organization members and special people, and the special population is further classified. For different groups of people, give them different allocation qualifications and criteria. The final completion of collective assets in the shareholding reform of the distribution of shares.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.32
本文编号：2426158
[Abstract]:The village in city is a special phenomenon in the process of urbanization development in our country. It not only occupies the development space of the city, but also seriously affects the landscape environment and social security of the city, and it is the trend of the times to reform the village in the city. Each city village problem more prominent cities have set off urban village transformation activities. In the transformation of villages in cities, villagers are most concerned about the distribution of collective assets. The distribution of equity in the demutualization of village collective assets is the core and key of village reform. It is of great significance to the final completion of the village transformation and the stability and harmony of the village in the city after the transformation. To the village collective assets in the city to be demutualized and distributed. First, the collective assets that can be brought into the scope of demutualization must be clearly defined. According to the different characteristics of operating assets and resource-based assets, the origin and composition of the two collective assets are clarified. It is clear that operating assets can enter the scope of joint-stock reform, and the two situations of collective enterprise assets and real estate development on collective land are analyzed. Whether the village collective land in the city can be incorporated into the scope of demutualization reform is analyzed theoretically and practically. It is considered that it is not only the requirement of the extreme importance of collective land, but also the practical need to bring the village collective land into the scope of joint-stock reform. It also accords with the spirit of the current experiment on the circulation of the right to use the rural collective construction land. Based on the analysis of the general practice of dividing the collective assets into collective shares and individual shares in the transformation of villages in cities in China, the defects of stock right setting in the reform of collective assets are obtained. That is to say, the standard of which collective assets are vague and divergent for the two kinds of equity. According to the individual shares can be quantified to the individual, by the individual to enjoy its benefits. Collective shares do not focus on distribution to individuals; their proceeds are mainly used for general principles of collective development. Combined with the characteristics of different collective assets, it is clear which kind of equity establishment each kind of collective assets belong to. So that collective assets are fairly and reasonably distributed. Urban village population composition is complex, which brings a certain degree of difficulty to equity distribution. Therefore, it is necessary to clarify the particularity of different populations and to refine the distribution scope and criteria of different groups. Only in this way can the distribution of collective assets be fair and reasonable. The urban village population is divided into general urban village collective economic organization members and special people, and the special population is further classified. For different groups of people, give them different allocation qualifications and criteria. The final completion of collective assets in the shareholding reform of the distribution of shares.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.32
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