Research On Legal Issues Of Rural Collective Economic Organizations In China

The innovation of rural collective economic organization is a vital part of the rural reform,which is also the key to realize the new urbanization.With the promotion of the integration of urban and rural areas in China,the innovation and adjustment of rural collective economic organization has become an unavoidable reality,whether the internal demand of institutional change or the macroscopic policy design.It is urgent and inevitable to strengthen the research on this issue.Before the implementation of the general rules of the civil law of the People's Republic of China,the discussion of the rural collective economic organizations was limited to the independent legal status.After the social status of the special person was establishment by the general rules of the civil law of the People's Republic of China,the research on the governance structure still did not expand,although they own the independent legal statue.We haven't got explicit institutional support about how to put the specific operation of the rural collective economic organization into practice.Under this background,this article will study the innovation process of rural collective economic organization systematically and theoretically based on the theory of civil and commercial law,and build a theoretical system of rural collective economic organization innovation under the background of urbanization.Based on the above considerations,this paper focuses on the following five problems: The institutional presupposition,argument and significance of the establishment of the rural collective economic organization as a special legal person;The problem of governance structure of rural collective economic organization;The issue of equity transfer in rural collective economic organizations;The bankruptcy of the rural collective economic organization;The protection mechanism of the rural collective economic organization.This paper draws the following conclusions:(1)the rural collective economic organizations with various forms are farmers,in a certain system,technical conditions,work together to pursue their own interests and development,which always exist in China's rural areas.With the different stages of history,different forms are presented,which are characterized by different features m are always imperfect or missing.And then,The rural collective economic organizations exists relying on the land with the collective nature.it is connected to a range of areas,involving with the farmers' livelihood and interests.What's more it is an essential part of China's public ownership economy,as well as plays an important role in the rural areas;(2)The rural collective economic organization is gradually changing in the direction of the modern enterprise legal person in the governance structure;(3)In the practice of regulating the governance structure,the rural collective economic organizations allow them to implement local management within the scope of the legal person because of lack of clear regulations.As long as it is suitable to local conditions with considerable effects,we can make audacious innovation and exploration on governance structure under supervision of the special legal person;(4)The equity transfer system of the rural collective economic organization is bound to be different from the company,and the restrictions will increase.From the point of view of the community members,the ownership of the rural collective economic organization has a certain closeness without the free flow;(5)The rural collective economic organizations can not be arbitrarily eliminated unless by law,as well as can not declare dissolution and liquidation.When the rural collective economic organizations really go to the society,they act a lot as the role of "economic man".Strengthening their economic mode and weakening their social functions are inevitable trends.The traditional rural collective economic organizations connect the members of the village community with the ties of property,taking on both political and economic functions.With the advent of urbanization,some changes have taken place in the management boundaries of collective economic organizations.The modern rural areas within the urban planning are quite different from the traditional rural areas because of their special geographical location,asset structure and development level.To sum up,the evolution and development of rural collective economic organizations are not accomplished overnight,and there are strict reform mechanisms and social factors within them.In addition,the reform of the rural collective economic organization directly involves the integration and reconstruction of the collective assets,concerning more peasants' vital interests.The villagers rely on the collective economic organization even more,which is particularly important in the part of the property right subject,the form of restructuring and the difference of the collective assets.Under the background of the reform of the rural collective economic organization,this paper will systematically study the reform and innovation of the rural collective economic organization,trying to grasp the evolution logic system of the rural collective economic organization and turn it into an important social utility.