Research On The Right Of Revocation Of The Member Of Rural Collective Economic Organization As A Special Legal Person

With the rapid development of China's various economic sectors in recent years,the issue of “three rural” has become a key issue for the party and the country.Resolving various aspects of rural,agricultural,and peasant issues is of great significance for realizing the great economic development of our country.As an important economic organization in rural areas,rural collective economic organizations have a long history and play a decisive role in the history of rural development in our country.To achieve rural development,we must improve the rules and regulations and relevant laws and regulations of rural collective economic organizations.With the promulgation of the “General Provisions of Civil Law”,rural collective economic organizations have been officially defined as special legal persons.The exercise of the right of revocation of the members of a special legal person in a rural collective economic organization(hereinafter referred to as "the right of revocation of the members of a special legal person")has become an important prerequisite for maintaining the rights and interests of the members and realizing the good functions of rural collective economic organizations.Therefore,the study of the right of revocation of the members of a special legal person is of great significance for protecting the members of rural collective economic organizations,realizing the development of rural collective economic organizations and promoting the progress of rural economy.At present,there are many phenomena confusing rural collective economic organizations with rural collectives in the academic community in China.The functions of rural collective economic organizations and village committees are overlapping.The definition of the special legal person nature of rural collective economic organizations is not clear enough,and relationship between them needs to be clarified.In addition,the current legal provisions regarding the right of revocation of the members of a special legal person are insufficient.There is controversy over the nature of this right.The starting date and nature of the exercise period are not stipulated.The main body of exercise of rights is unclear,and contradictory provisions between the members of legal person and the members of collective economic organizations that may arise due to the establishment of legal persons are lacking.The narrow scope of the object of the exercise makes the court lack of reference on the admissibility of the case.The lack of relevant relief and assumption of responsibility in the exercise of effectiveness has made the exercise of rights not fulfilling the original intention of the right holder.Compared with other similar revocation rights,there is a lack of legislation on the protection of bona fide third party.Therefore,in order to let the exercise of the right of revocation of the members of a special legal person can achieve the original purpose of the law.Through theoretical and practical research,combined with the legal person's nature of a particular legal person,and from the dual level of entity and procedure,the nature of the revocation right is defined as the right of action of formation.In order to better promote the exercise of rights,the nature of its exercise period should be the scheduled period,according to the characteristics of the right to stipulate the corresponding starting period,to further resolve the contradiction between the member of legal person and the member of the original rural collective economic organization.In addition,expand and clarify the scope of its exercise.At the same time,for the sake of fairness,a third party protection system should be stipulated.Finally,in the effect of the exercise,the remedy of the prescribed rights can be added and the corresponding responsibility system can be established.