Research On Establishing Registration For Rural Collective Economic Organizations

General Provisions of the Civil Law of the People's Republic of China(come into force on October 1,2017,hereinafter referred to as General Provisions of the Civil Law)provides that,“the rural collective economic organizations shall obtain the legal personality according to law”.Since the rural collective economic organizations' obtaining the legal personality is an unprecedented breakthrough,it is urgent that scholars put more attention on the theoretical and legislative researches of the rural collective economic organizations.This paper is mainly a research on establishing registration,through which the rural collective economic organizations obtain the legal personality.This paper shall provide theoretical foundations for the construction and practice of the establishing registration.This paper is divided into five parts.The first part is about the realistic bases of establishing registration,which include the significance that the rural collective economic organizations obtaining the legal personality,actualities of establishing registration and the subject scope of establishing registration.The obtaining of the legal personality will be helpful in resolving the deficiencies in legislation and the disfunction of the rural collective economic organizations.Besides,it will propel the reform process of the rural collective property rights.Before General Provisions of the Civil Law came into force,the collective economic organizations obtained the legal personality in flexible or creative ways according to the regional regulations.For instance,the collective economic organizations were transformed to specialized farmers cooperatives,companies,joint-equity cooperative enterprises or other enterprises,even a new type of legal person was created by the regional regulations,while the deficiencies of these practices are exposed.After General Provisions of the Civil Law came into force,policies on registration was enacted by Ministry of Agriculture and Rural Affairs,yet the policies are in lack of rationality.The subject scope of registration shall include township,village and group rural collective economic organizations.The second part is about the concepts of constructing the establishing registration system.Firstly,the rural collective economic organizations' particularities should be taken into consideration.Secondly,the rural collective economic organizations should be constructed asa civil and commercial entity which comply with the development of economy-oriented market.Thirdly,the doctrine of administrative license should be adopted.The third part is about conditions for establishing registration.The conditions shall include regulations on the name,institutional framework,legal representative,domicile,membership,collective-owned assets and constitution.(1)Name.The name should be composed of administrative division and organization form,and it shouldn't be composed of any Information about trade name,business or operational characteristics.(2)Institutional framework.The power organ should include both conferences of members and conferences of representatives.The decision-making organ and executing agency should be combined,which can be a director or a board of directors.The supervisory organ can be a supervisor or board of supervisors.Instead,for the purpose of supervision,a democratic financial supervision group or making village affairs more transparent is also feasible.(3)Legal representative.A member of the villagers' committee shouldn't take office as the legal representative in particular circumstances.(4)Domicile.The domicile hasn't to be located in the same township or village where the rural collective economic organization belong,but it has to be located in the same district or county.(5)Membership.The membership is highly related to the allocation of collective interests,the identification of membership qualification should be formulated as one of the supporting systems.The identification of membership qualification should consider these two factors in the first place: household registration and the facts of production and living.And then considers the basic living standard,which is a substantial factor,can be used to resolve the disputes and uncertainties caused.By doing this,the values of fairness and efficiency realized.(6)Collective-owned assets.In consideration of the protection of farmers' fundamental rights and interests,the verifications and quantifications of the collective-owned assets are necessary.It is advocated that the profits allocated by shareholdings and fixed dividends.(7)Constitution.Matters necessary to the constitution are the name,domicile,scope of business,collective-owned assets,institutional framework and its rules of election,function and power,term of office,rules of procedure,and legal representative.The fourth part is about establishing registration items and establishing registration authority.The establishing registration items shall include the name,economic type,legal representative,domicile,collective-owned assets and scope of business.Yet the institutionalframework,membership,shareholdings and term of business should be excluded.As for the establishing registration authority,the Bureau of Agriculture and Rural Affairs should be in charge of examination and supervision,the people's governments of towns and townships should be in charge of guidance and assistance,the District Administration for Maker Regulation should be in charge of registration.The fifth part is about the legal force of establishing registration and legal remedies during establishing registration.The legal force of establishing registration is about the legal force of establishment,which means the rural economic collective organizations obtain the legal personality.Flaws in establishing registration doesn't mean that the legal personality be revoked inevitably.Disputes during registration are mainly caused by the identifications of membership qualification and resolutions made by the conference of establishment,which both require judicial remedies.