A Study On The Construction Of Derivative Litigation System Of Special Legal Person Members Of Rural Collective Economic Organizations

As a special legal person,a collective economic organization is a representative of a collective member,and a collective member is an integral part of a collective economic organization.The management rights of rural collective economic organizations,generally collective members are not directly involved in the management of collective organizations,and the heads of collective economic organizations manage collective economic activities.However,in some specific cases,due to direct infringement by the managers and responsible persons of the rural collective economic organizations or indirect infringement of the negative inaction,the collective property suffers losses.In this case,the members of the collective economic organization are required to file a derivative lawsuit on behalf of the collective economic organization.In order to protect the interests of collective property,this paper will discuss issues such as the membership of the collective economic organization,the types of members,the conditions for the initiation of the lawsuit and the pre-procedures,in order to improve the incentive mechanism for the special legal person-derived litigation of the collective economic organization.Safeguard the rights and interests of collective economic organizations.By analyzing the system of derivative lawsuits of special legal person members of collective economic organizations,this paper divides the members of rural collective economic organizations into internal members and external members,and discusses the premise and qualifications of members of collective economic organizations to initiate derivative litigation around the two main lines of internal members and external members.Problems such as conditions and pre-procedures,as well as issues such as the scope of defendants in the rural collective economic organization's derivative litigation and the litigation cost guarantee system,etc.,in order to construct a perfect derivative lawsuit system for special legal person members of collective economic organizations.