金融发展权理论下农村社区金融法律制度研究——基于中美社区金融比较分析

A Study on the Financial Law System in Rural Communities under the Theory of Financial Development Rights——Based on the comparative analysis of community financial systems between the United States and China

金融是社会资源的核心要素,农村社区金融对中国"三农"问题解决及促进弱势群体金融发展权实现起到了关键作用,但目前我国农村社区金融制度对比现实存在滞后。在金融全球化背景下,通过与社区金融制度发展较为成熟的美国进行比较研究,以金融发展权理论为视角探析完善我国农村社区金融制度具有重要战略意义。文章主要针对农村社区金融的组织制度、市场制度、资源配置制度及其依存的金融体制进行分析,着重提出互助担保、评级补偿、公众监管及资本多元化等具体法律制度,尝试解决制度面临的现实问题。

Finance is an essential element of social resources. Rural community finance plays a critical role in solving issues of agriculture, farmers and rural areas in Chir^a and promoting the financial development rights of disadvantaged groups. However, the rural community financial system still drops behind the reality. Under the background of financial globalization and the theory of financial development rights, this paper discusses the strategic significance of improving the rural community financial system in China by comparing the rural community financial systems between the United State and China. It mainly analyzes the organization, market system and resource allocation system of the rural community financial system as well as the financial system, on which the rural community financial system is based. The paper tries to solve the actual problems of the system through setting up specific legislative systems such as mutual guarantee, rating compensation, public supervision and capital diversification.