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The Rural Collective Property Management For The Reconstruction Of The Organization

Posted on:2013-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WeiFull Text:PDF
GTID:2296330464450092Subject:Civil and Commercial Law
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After disintegrate of people commune system, Chinese rural economic a fundamental change is substantial start the process of marketization, more than 20 years of rural reform, the household contract responsibility system from the beginning, Chinese farmer created many unique property management organization. However, the rural collective economic organization setting and status, the relevant provisions of the more ambiguous. In some developed areas, to establish a village collective economy organization, by the village collective economic organizations shall exercise the ownership on behalf of the village farmers. More area is by the village appoint meeting on behalf of the village farmers ownership. The village committee and collective economy organization is the coexistence of two different functions, scope, the village committee in the absence of collective economic organizations of the circumstances, bear the responsibility of the management of collective property, in the practice of village committee, village group autonomous organization and organization of rural collective economy relationship is quite complex, which often leads to the organization can not correctly the exercise of farmer collective property management right, this makes the farmer collective property protection in weak position. In the various contradictions and conflicts, the village committee in an extremely awkward and difficult situation. So, speaking of the present legislation, although the law gives the village committee management function of property, make village committee undertake rural collective economy functions, is not conducive to the protection of rural collective property. However, the current rural reality, because of the rural collective property organization legislative blank, cause rural collective property management mechanism of considerable confusion, the legitimate rights and interests of farmers cannot get protection, the farmer collective assets loss is very serious. Therefore, in order to protect the rural collective property, must strengthen the legislation, the best way is to the rural collective property management agencies separate legislation.After many years of practice, some local government regulations to effectively adjust to resolve the rural economic and social historical bequeath problem and rural urbanization are facing new problems, in order to comply with the new situation of rural property management organization to the legislative level, some local governments have promulgated a new rural collective economic organization regulations, establish rural collective property management organization as the main body of the market and the legal nature and legal status, effective solution to the rural economic and social development of all kinds of contradictions and problems. But only a few rural areas have the legislative measures, the vast majority of the rural collective property and no effective legal protection, collective property loss is serious, farmer interest gets to different degree. Therefore, the current need is to develop national unity organization of rural collective economy, combined with the relevant shareholders, equity theory, clear the rural collective property management organization structure and its functions, unified the member qualification standards, establish and improve the business, service, voting rules. And give better play to the collective economic organization of the party and the government as coupling of broad farmer masses the role of a bridge and a service " three problems about countryside,agriculture and farmers function, promoting rural economic and social harmonious development.
Keywords/Search Tags:The rural collective, Rural collective property, Collective member right, The rural collective property management organization
PDF Full Text Request
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