The Constitutional Protection Of The Village Collective Economic Organization

The village collective economic organization is a collective economic organization of the means of production. Cooperation, regionalism and comprehensiveness are its outstanding features. As an important realization of the Socialist public ownership in the countryside, it originated from the industrial co-operative movement in the early 1950 and underwent the four stages of formation and development reform and adjustment, development and perfection and stabilization and innovation. Our country has enacted and amended the constitution in 1954, 1975, 1978 and 1982. All of them are related to the rural collective economic organization and the provisions of ownership, confirmed that cooperative ownership is the ownership of China's major means of production, and achieved the ownership of the land from private to collective. They also promoted the rural economic development at that historical condition. However, due to constitutional protection is not very powerful, but also through a lot of detours, it's confirmation of the commune of operating system "all three levels, team-based" hindered the development of agricultural productivity. After that, the constitution was amended in 1988, 1993, 1999 and 2004. Because of incessant innovation of the village collective economic organization of production and management methods which was from the household contract responsibility system to the two-tier management system by the combination, it fully mobilized the farmers'enthusiasm and creativity, guided the farmers to take the path of prosperity, played an irreplaceable role to build a new socialist countryside. However, because the provisions of the Constitution and the law to status of the village collective economic organizations and ownership is fuzzy and the definition of membership is the vague, it is frequently in the "name only" position and its independence and autonomy can not be guaranteed. In practice, due to the lack of restraint mechanism of the market economy development, operation and management of the operating mechanism, which made the individual parts of the village collective economic organization become the organizations of village cadres turning the public property to private and damaging the interests of the organization of farmers, the organization leaded to a variety of deep-rooted social conflict. Based on this, we should firstly improve the Constitution and the laws and regulations, modify the relevant provisions, and be explicit about the independent legal entity status of the village collective economic organizations. Secondly, we should enact a special "village collective economic organizations Law" based on the Constitution, which can specifically conduct the management and operation of the village collective economic organizations. We should explore the implementation of cooperative shares system reform where conditions permitted and aroused the enthusiasm of farmer shareholders and enhanced the cohesion and solidarity of collective economy through shares quantified and property rights clarified. Another more, we should learn from the Zhejiang Province Legislation about the village collective economic organization and ask various regions to explore and practice, so that it can further enrich and deepen the ownership theory of collective economic. At last, we should put forward a Relief System which can improve protecting the legitimate rights and interests of the village collective economic organizations and strengthen the administrative and judicial protection of village collective economic organizations. Then, it can provide comprehensive protection legal system to promote the construction of new countryside.