Study On Legal Status Of Rural Collective Economic Organization

The rural collective economic organization is a special kind of organization in our country. It originated from the agricultural cooperative movement in the fifty’s of last century, and has grown up in the background of China’s unique economic and political background. With the development of the times, China’s rural economic system also in constant change, in the land of the means of production "points" and "closing" to explore a suitable for rural economic development mode of operation and economic system. From the planned economy to the market economy, from the cooperative movement to the family contract, the development of the rural economy can not be. separated from the growth of the collective economy. As a party to the "unification" of the double management system, the rural collective economic organization has a very important responsibility and mission. Under the multiple pressures and challenges facing the development of the market economy, the organization should lead the development of the rural collective economy on the one hand, on the other hand, it also bears the function of providing, public services. Its healthy development can provide the correct path for the industrialization of agricultural modernization, promote the construction of new rural areas, and also to protect the economic rights and interests of farmers. According to the present situation of our country’s productivity level and the development of agriculture, in a very long period of time the rural collective economic organizations will be carrying a more important role, then the reform of rural collective economic organization and improvement is imperative under the situation.Rural collective economic organizations in the country’s development level is not the same, and even can be said that the difference is very big, so their subsequent reform is also facing a different situation. The organization in some developed areas have a lot of collective assets, the trend of organization of joint-stock reform; and some of the less developed area basically not available for the management of collective assets, the rural collective economic organization multi and the village will be combined. No matter how the actual situation is different, the legal status of theorganization or the lack of ambiguity has affected its further development. In this paper, through the organization of the law of the comb and research literature around the country, to reflect on the plight of the lack of legal status. Hope that in line with China’s basic national conditions and the basis of the facts of the situation, to seek a legal status of a universal and special legal status to improve the way.In this paper, from the point of view of economic law and civil law from two aspects the legal status of the organization of study and discussion, it is necessary to clear the function of economic and civil legal status, but also clear and its commitment to the public functions. The public nature of the legal nature can not be generalized, it’s not "private" or "public" is a kind of organization, has a special background and the premise of its existence, which is can not be ignored. Due to the common features of the organization, on the need to strengthen the supervision and regulation to ensure economic rights and interests of rural collective assets value and protect the farmers, there is also a need to increase national financial and policy support, provide a better external environment for its development; and for the organization of the economy and need to on the civil main body form give the definition and promote the smooth of market economic activity, leading collective economic growth and progress. To explore the more emphasis on research on the organization duality, hope can from two aspects at the same time, improve the legal difficulties in the organization.