The Discussing On The Legal Status Of Rural Collective Economic Organization

In China, the rural collective economic organization is the main form of economic organization in rural area. It was began from the1950’s agricultural mutual aid and cooperation. The rural collective economic organization has become the most important power to the development of rural economic after sixty years’history. And it also takes the responsibility of our rural area development and prosperity. But now the biggest problem is the legal status of the rural collective economic organization is still not clear. It has troubled the effective service to the rural issues concerning "agriculture, country and farmers". Although our government often refers to the importance of the rural collective economic organization’s development and perfection in policy paper and few legal regulations, the blurred legal status still not to be well solved. This thesis analyses the legal status of the rural collective economic organization from its name, property, members and administrative organization to try to confirm its legal status. Then the rural collective economic organization can make its economy and public function well played. And it will provide forceful security for the rural economy to develop stably. The thesis has three parts together besides the preface.The first part:"The legal status of the rural collective economic organization is blurred." According to the analyses of currently laws, we can find the abstraction and blank of its name, property, members and administrative organization and the substance of the blurred legal status.The second part:"Reasons of the blurred legal status of the rural collective economic organization."Through the analyse, we can find the historical reason is the ignore of the rural collective economic organization in during the family-contract reforms. The another important reason is due to laws’oversimplify. In the legal regulations, it not only lack of definite expression concerning the legal status of the rural collective economic organization,but exists contradictory laws. With the interference of executive power and lack of government’s economic support and farmers’ recognition, the rural collective economic organization is remain in an awkward position.The finally part:"Suggestion of perfect the legal status of the rural collective economic organization."Aim at the actuality of the blurred legal status of rural collective economic organization,we must give some useful suggestions to perfect it. The author think the rural collective economic organization must be defined as independent civil subject by our laws and it must have definite name, property, members and administrative organization. Only with definite legal status, the rural collective economic organization can smoothly running in the market economic activity and provide good service to rural issues concerning "agriculture, country and farmers.