On The Construction Of Legal Person System Of Rural Collective Economic Organization

Under the background of continuous reform and exploration of rural collective economic organizations in various places,the general principles of civil law explicitly stipulates rural collective economic organizations as special legal persons in accordance with the needs of the development of The Times,which means that it has a clear legal position.At the same time,it means that the rural collective economic organizations which meet the requirements of legal person can become special legal persons after the specific establishment procedures.However,rural collective economic organizations without substantial conditions cannot become special legal persons in accordance with the provisions of laws.Before they are established as special legal persons,the special legal persons of the villagers' committees shall act as the ideal legal persons of rural collective economic organizations.This is the premise of studying the construction of special legal person system of rural collective economic organization.In special legal person system of the rural collective economic organizations to build the first clarify its function positioning,is right on the rural collective economic organization after becomes the process of legal person and legal person shall bear what kind of function,and then the rural collective economic organizations shall have the relevant conditions to become a special legal person,this is the core of this paper,from the static,the rural collective economic organization member is required to meet the requirements of special legal person property right system and the system,and from a dynamic,rural collective economic organizations to be special legal person,must also be equipped with the appropriate governance structure,That is to say,it has a constitution to represent its independent will and an internal organization to realize its capacity of conduct.This paper discusses the construction of legal person system of rural collective economic organization from four parts:The first part discusses the present situation and the obstacle that the rural collective economic organization legal person system constructs faces.Before studying this topic,we need to conduct a basic investigation on the development status of rural collective economic organizations in different rural areas.Some ruralcollective economic organizations have undergone various reforms,while some are in a state of stagnation.In addition,there are many obstacles in the construction of the legal person system of rural collective economic organizations,such as: lack of clear functional positioning,the establishment of an independent property system,imperfect membership system and the lack of corporate governance structure.The second part discusses the function orientation of rural collective economic organization to be a legal person.First,proper separation and reconstruction of functions should be carried out.Its safeguard function should be stripped off moderately,the function of economic development should be further strengthened,and the function of public service should be repositioned.Secondly,we should deal with the external relations well.First,we should connect the functions of peasant collectives and act as the legal expression of peasant collectives in civil legislation.Second,the reasonable distribution and the village committee function division.The third part discusses the property system of rural collective economic organization legal person system.It is necessary to construct a special property system.Firstly,the source of property is studied.Secondly,the special business scope is analyzed.The fourth part discusses the rural collective economic organization legal person's member right system.In order to become a special legal person,rural collective economic organizations need to establish a special membership system,which stipulates the standards and changes of its members as well as the content of related rights and obligations to rural collective economic organizations,so as to make Suggestions on the construction and improvement of its membership system.The fifth part discusses the corporate governance of rural collective economic organizations.First of all,the study of the articles of association of its legal person,on the one hand,to make full use of the profit legal person in the articles of association system,on the other hand,to combine the special characteristics of the special legal person of its articles of association and the content of the scope of the special design.Secondly,the organizational structure of the legal person is analyzed,and the internal structure of the rural collective economic organization and the relationship between them are analyzed in combination with the reform experience of some rural areas in practice.