沈阳工业大学学报（社会科学版）2023，Vol.16Issue(6)：531-539,9.DOI:10.7688/j.issn.1674-0823.2023.06.07
集体资产股权质押的地方实践及规则构造
Local practice and rule construction of equity pledge of collective assets
摘要
Abstract
The absence of central legislation has led to the equity pledge of rural collective assets only being explored by some localities first.The documents issued by 48 counties and urban districts in 17 provinces shows that the current local norms have uneven characteristics in the establishment,operation,and realization of the pledge.The analysis of the jurisprudential logic of collective assets pledge shows that the formation of the differentiated pattern stems from the conflicting concepts of pledge objects in different places.In order to institutionalize and systematize the regulation of pledge of collective assets,it should be clarified that the object of pledge is the right to income of collective assets rather than all the rights of collective assets.On that basis,it is suggested that the rules should be constructed in terms of the object of pledge,public notice,third-party consent,the validity of pledge during the pledge period and the degree of transfer,and the due rights of the transferee,so as to provide a reference experience for the formation of new central rules of equity pledge.关键词
集体资产/股权质押/地方规范/样本比较/规则构造Key words
collective assets/equity pledge/local regulation/sample comparison/rule construction分类
社会科学引用本文复制引用
赵新龙,曹雪芬..集体资产股权质押的地方实践及规则构造[J].沈阳工业大学学报（社会科学版）,2023,16(6):531-539,9.基金项目
国家社会科学基金一般项目(16BFX160). （16BFX160）
