Subject Identification And Realization Of Rural Collective Economic Organization Legal Persons

For most of us,rural collective economic organization is a familiar but also strange thing.Since the 1950s,rural collective economic organizations had always been one of the most important organizations that affected the economic and social development of rural areas in China,and one of key points and difficulties of rural micro-economic organizations.Since 1978,with the implementation and deepening of rural family-contract responsibility system and the changes and renewals of rural governinrg system,rural collective.economic organization gradually "faded out" from our attention and became an almost pure concept.There is no law that provides authoritative stipulations and explanations on its connotation and scope,and the construction of legal system is very rough.In recent years,rural collective economic organizations have been quietly changing,and the policy and legal background have been also undergoing profound development On the one hand,national policies and documents continuously focus on and deploy the construction of rural collective economic organizations;on the other hand,rural collective economic organizations obtain the opportunity to enter the "General Provisions of the Civil Law" and acquire the civil subjective status of legal person.Therefore,systematically researching the subject system and realization of rural collective economic organizations are of great significance in the current reform and development of rural collective property rights system.In addition to the introduction and conclusion,the text consists of six parts.The chapter I is the historical changes and enlightenment of rural collective economic organization.At present,people are extremely confused about the factual nature of rural collective economic organization.On the one hand,in terms of agricultural economic statistics,the number and operation of rural collective economic organizations are generally stable and progressive.On the other hand,in terms of theoretical judgment,scholars mostly hold a pessimistic attitude towards the facts of rural collective economic organizations.Some people think that rural collective economic organizations have been cancelled,the others think that rural collective economic organizations have passed out of existence.Rural collective economic organization is a historic concept with dynamic evolution,which must be understood from the longitudinal perspective of the history.Rural collective economic organization originated from elementary agricultural producers' cooperative.According to the differences in organizational form,the historical changes of rural collective economic organization can be divided into four major stages:elementary agricultural producers'cooperative,advanced agricultural producers' cooperatives,people's communes,and reformed rural collective economic organizations.Among them,the "three-tiered,team-based" structure of people's commune shapes the basic pattern of China's rural collective economic organization.The chapter II analyzes the connotation of rural collective economic organization.At present,the definition of rural collective economic organization is more than a few dozen.In conclusion,"broad-narrow sense",categorization and character description are the three more influential paradigm.Comprehensively comparing the pros and cons of the definition and the specific differences of rural collective economic organization,"countryside","functional specificity" and "community" are the necessary "specific differences".Therefore,rural collective economic organization refers to economic organization established by communities such as villagers group,administrative village and town in the areas under the jurisdiction of the people's government of township,which manages collective assets,exploits collective resources,develops collective economy,and serves collective members.At the same time,rural collective economic organizations also undertake certain public functions.The chapter III is the incorporation of rural collective economic organization.Due to lack of theoretical preparation,there are major theoretical differences in the incorporation of rural collective economic organizations.In practice,the absence of national normative documents and the contradiction among local regulations bring us legislative puzzles and institutional defects.Therefore,whether before and in the process of the codification of civil code or after adoption of the "General Provisions of the Civil Law," the incorporation of rural collective economic organizations is not actually a strict legislative consensus.The incorporation of rural collective economic organizations is necessary.It is the need for rural collective economic organizations to fight for equal status of civil subject to realize the unification of property right subjects and civil subjects,and the need to balance the reform exploration with the legal basis in response to national policies.It is also necessary to advance the modernization of China's rural governance system and governance capacity.At the same time,it is feasible for the incorporation of rural collective economic organizations,whether from the policy guidance,practical exploration,historical origins or time opportunities.And the basic corporate option of rural collective economic organization is special legal persons.The chapter IV is the special characteristics of rural collective economic organizations.As a special legal person,it is the speciallities that makes rural collective economic organizations be built independent from profitable legal persons and non-profit legal persons.It is also the easiest way to affirm itself.The speciallities are reflected in magy aspects,which are embodied in the property managed,the functions undertaken,establishment,termination,and the participation and quit of members.At the same time,from the internal perspective of special legal persons,the speciallity of rural collective economic organization also exists intrinsic to the other three types of special legal persons,corporate bodies of goverrnment institutions,cooperative economic organizations in urban and rural areas and basic autonomous organizations.The chapter V is the organizational form of rural collective economic organizations.The clarification of the organizational form of rural collective economic organization based on the rules of civil law is the core issue of rural collective economic organization reform.Villagers committee,villagers group,formers' professional cooperative,township collective asset management committee,and organizations called rural collective economic organization are not forms that can be selected by rural collective economic organizations.The selection of organizational form for rural collective economic organization should be based on a moderate theory of organizational form.The most legally significant factors that influence the choice of organizational form are the purposes of the establishment and the types of activities that intended to engage in.Therefore,when we strictly abide by the private legality,the independence and the community of rural collective economic organizations,and publicize by appropriate methods,rural collective economic organizations may take multiple-organizations,including economic cooperative,joint-stock economic cooperative,rural communal joint-stock cooperative,companies and enterprises.The chapter VI is the implementation mechanism of rural collective economic organizations.The subject hierarchy,qualification standards of members,the stock setup and management,the resolution mechanism and the management mechanism of rural collective economic organization are the five major issues in reality.In the policies and laws,the formation of the three-tiered organization of rural collective economic organization has undergone a process of development and change.It is not appropriate to eliminate the rural collective economic organizations of the town or the group in a general way.The three-tiered organization pattern of rural collective economic organizations is being gradually broken.We shall set up the effective levels of rural collective economic organizations according to the rural collective land ownership and the rural economic and social development situation.The qualification of members of rural collective economic organizations shall be based on the double standards of "living security + household registration":at the first level,we shall distinguish between "the whole people" and "the collective" to solve the problem of whether a particular natural person "belongs to the rural collective economic organization";at the second level,we shall distinguish between "the collective" and "the other collective" to solve the problem of which rural collective economic organization a particular natural person belongs to.At the same time,shares setting of rural collective economic organizations shall center on member shares.The types of member shares and the set-up of collective shares should be decided by the democratic discussion of members.It is advisable to manage the shares dynamically.The resolution mechanism of the membership assembly of rural collective economic organizations shall adhere to "one person,one vote".The management mechanism of rural collective economic organization can adopt the mode of "self-operation"or "other management".In the mode of "other management",the rural collective economic organization mainly exists as a legal entity as a benefit distribution mechanism.