| Since the disintegration of people’s communes, the rural collective economic organizations have been undertaken the function of developing rural economy, whereas, due to the lack of the legal system and the shackles of traditional political ideas, the legal status of legal thought led to a long-term ambiguous state of the rural collective economic organization; rural collective economic organization is inadequate in practice; the economic functions mostly were replaced by the village committee. However, with emphasis on the "three rural" issue and the node approaching of building a moderately prosperous society, how to increase farmers’ income and narrow the gap between urban and rural areas becomes the focus of a new period of rural economic and social development. Therefore, the rural collective economic organizations to play its proper role in rural economic and social development will naturally become a hot spot theory. Based on this, the author of the thesis proposes some directional and specific suggestions on the legal status of the reconstruction of rural collective economic organization.The legal status of the rural collective economic organizations should focus on problem-oriented reconstruction. Only when the existing crisis of rural collective economic organization is classified. will the regulations and norms be constructed. Currently, the rural collective economic organization faces amounts of problems, such as unclear property rights, ambiguous membership qualification. incomplete governance institutions and confused connections with village committee and so on. These are primary issues to be solved in reconstructing rural collective economic organizations.According to civilly subject theory, there are two main forms in choosing legal subjects of rural collective economic organizations. They are corporate and unincorporated bodies. However. considering the economic functions of rural collective economic organizations, it is obvious not to choose the form of unincorporated body, while corporate entity has alternatives of cooperatives, companies and shares of the cooperative mode. In order to achieve economic functions of the rural collective economic organization and address its existing practice issue, the rural collective economic organizations should be positioned as a legal person shares incooperatives. Future rural collective economic organization should be transformed into rural collective economic shares in cooperatives.Under the current legal system, there is no specific legal regulations on person shares of the cooperative, so the rural collective economic system shares in cooperatives need to be privately designed. Reconstructed rural collective economic shares in cooperatives should be defined as the owner of collective property and quantify collective property to each member, so as to establish clear property rights infrastructure. After that, the membership qualification and sharing subject of collective gains should be scientifically and reasonably defined. Then a modern corporate governance mechanism should be established, allowing the stock cooperatives of rural collective economy to operate orderly. Finally, the connection between village committee should be thoroughly clarified to build grass-roots organization of rural economy and society. Eventually, the stock cooperatives of rural collective economy after reconstructing will have clear property rights, certain members, complete organization and operation which will be a rural grass-roots economic organization with fully performing its economic functions. |
