Research On Termination System Of Special Legal Person In Rural Collective Economic Organizations

The General Principles of Civil Law endow rural collective economic organizations with special legal status.However,it is not enough to endow them with special legal personality only in one provision.Like the birth and death of natural persons,the special termination system of legal persons should also be applied to rural collective economic organizations.Academic circles generally believe that due to the particularity of the legal status of rural collective economic organizations,the general provisions of termination of legal persons can not be fully applied.Article 99 of the General Principles of Civil Law also indicates that if there are provisions in laws and administrative regulations for rural collective economic organizations,they shall be in accordance with their provisions,thus providing a possibility for the study of the termination system of this special legal person.Therefore,on the premise of the General Principles of Civil Law and the basic theory of legal person,this paper studies the termination system of special legal person.The expression of special legal person in this paper refers to rural collective economic organization without special explanation.Firstly,the meaning of termination of special legal person is introduced in detail.By comparing with termination of enterprise legal person,organ legal person and villager committee,the similarities and differences between termination of other types of legal person and termination of special legal person are found out,which provides a system reference for the follow-up study of termination system.Secondly,the necessity and feasibility of studying the termination system of rural collective economic organizations are deeply analyzed,and the necessity of studying the termination system is systematically elaborated from the perspective of the demand of rule of law and the actual needs of rural economic development.The feasibility of the research is discussed from the aspects of theoretical support,system reference and practical experience.Then,it points out the shortcomings of the termination system of rural collective economic organizations.Finally,in view of the shortcomings of the existing system,this paper puts forward some suggestions on the construction of the special legal person termination system: clarifying the termination cause of the special legal person;standardizing the liquidation subject and cancellation registration of the special legal person,determining the responsible subject and registration administration organ during the liquidation period;and making a systematic analysis of the definition of the property scope and the disposal method of terminating the debt repayment,according to the different types of assets,collectivizing the assets.Assets are classified into three categories: operational assets,non-operational assets and resource assets represented by land,which are also the main contents of this paper.The protection of the interests of relevant stakeholders in the termination process is analyzed in detail,especially the protection of the interests of creditors.The management and regression of resource assets after the termination of rural collective economic organizations are combined with the current law.On the basis of the law,it makes a reasonable exposition.