Corporate Reformation Of Rural Collective Economic Organizations

The lack of legal status regarding rural collective economic organizations hasactually been the bottlenecks hindering further development of rural economy inChina. So it is of great essence to establish a legal relationship regarding ruralcollective economic organization in accordance with the doctrine of universality andinstitutional particularity by respecting the objective economic circumstances andfundamental realities of our country, tapping the potential of the institution in respectof rural collective economic organizations and analyzing the merits and shortcomingsin the current practical mode.The first chapter talks about the necessarity to transform the legal status aboutcollective economic organizations with the reflecting the reality. At first, we shouldreflect the condition of collective economic organizations based upon the perspectivesof concept, history, institution and legal relationship and we insist that the collectiveeconomic organizations is actually the historical product built by the governmentcontrol and resources redistribution toward the rural economy. And it is also a Utopiaunder the economic control and totalitarianism. What’s more, we should remain thecollective economic organizations based upon the perspectives of basic institutionalcontradictions, basic national contradictions and the three major values of theinstitution. But the lack of legal status regarding rural collective economicorganizations urge us to perfect it.The second chapter talks about the standard about how to make innovations for theinstitution of law about collective economic organizations. At first, it is necessary todiscuss the standard based upon the perspective of institutional economics andeconomics of law. At second, we’d better to make innovations based on our nationalconditions, and to maintain and strengthen the nature of community, and to shareresults of the reform fairly. At last, the three major standards about socialist publicownership, collective land ownership and large-scale land operation can ensure ournew institution of law perfectly. The third chapter talks about the conclusion that applying the new communityjoint stock-holding partnership legal entities to innovate the legal relationship withrespect to rural collective economic organizations is actually the most reasonable andfeasible approach. At first, the problem about rural collective economic organizationshould be a legal person or a non-juridical-person organization need to be discussed. Ithink the former is better in the modern time. At second, we can also ensure thatapplying the new community joint stock-holding partnership legal entities to innovatethe legal relationship with respect to rural collective economic organizations isactually reasonable through investigate joint-equity cooperative enterprises, exploringthe other modes’ shortcomings and the merits of joint stock-holding partnership legalentities.The fourth chapter talks about the content of joint stock-holding partnership legalentities. At first, we’d better to discuss the merits and shortcomings of the modesabout the rural joint stock partnership. At second, what we called transformations forthe legal institutions is to make the collective economic organizations to be the reallegal person with strong community character. At third, the innovations for theproperty institutions is to reform the property rights system about the collectiveeconomic organizations by the four-step strategy. At last, the innovations for theadministration structure is mainly depend on the inside and outside routes. And theinside route consist of the setting of the internal organizations, the improvement of theinternal voting mechanism and the diversification of the internal benefits distributionmechanism. The key of outside route is how to handle the relationship with the villagecommittee.The fifth chapter talks about the legal construction of the rural collectiveeconomic organizations. At first, we should discuss the necessarity of legislationbased upon the perspectives of current legislation, legislative defects and type legalization. Furthermore, it is urgent to discuss the preliminary idea of legislation,legislative forms and problems in the practice.