Research On The Reconstruction Of The Main Body System Of Rural Collective Economic Organization

New history,new mission,in order to speed up agricultural modernization,improve the speed of rural development,promote the reform of rural collective property rights,promote the development of rural collective economy,and successfully complete the new round of land system reform in China.The status of civil subject of rural collective economic organization must be recognized in law.CPC Central Committee and State Policy,Local practice and legislation,The related theoretical research has laid the theoretical foundation for the rural collective economic organization to become the civil subject,and the General principles of Civil Law has provided the institutional possibility for the rural collective economic organization to become the civil subject.But only rely on one of the provisions of the General provisions of the Civil Code,as well as other laws dealing with farmers.The main system model of "special legal person village committee" established by the articles of village collective economic organization is unscientific legislation.First of all,the General principles of Civil Law restrict rural collective economic organizations to civil subjects such as special legal persons,which do not accurately reflect the various forms and types of rural collective economic organizations in China,and fail to respect the wishes of farmers' collectives.Rural collective economic organizations should be given the right to choose what kind of civil subject to become.Secondly,the recovery of our country is vast,the situation in the countryside is complex,and the rural areas in the east and west are quite different,and the village committees in the backward areas in the west have replaced the situation of the collective economic organization in the rural areas.In this case,the law should make clear the nature of the village committee,that is,the internal structure of the rural collective economic organization,rather than the independent organization.However,it is a mistake to recognize the nature of the village committee and the reality of the village committee by conferring its legal personality directly on the General provisions of the Civil Law.Thirdly,before the introduction of the General provisions of Civil Law,the legislation concerning rural collective economic organizations involved a lot of laws,but the legislation on its main body systemwas few,and most of them were local legal norms.And after the rural collective economic organizations have been recognized as civil subjects,according to the Legislative Law,the NPC or the standing Committee of the National people's Congress shall It is regulated by law.Previous local legal norms on the subject system,the legislative rank is not in line with the provisions of the Legislative Law,and these legal norms are too simple,the specific system has not been specified in detail,most of the existing norms are relatively macro.The implementation effect is general and so on many malpractices.Therefore,our country should formulate the corresponding special law,it should carry on the concrete and detailed norm to the rural collective economic organization.Finally,the author puts forward some suggestions on the re-construction of the main body system of rural collective economic organization and the design of some laws in order to contribute to the construction of the subject system of rural collective economic organization in accordance with the socialist system.The power of Due to the limitation of the author's research level and the limitation of space,the subject system is a complicated problem.Therefore,this paper has some deficiencies and deficiencies,hoping to be able to read this article with the same benevolence and advice.The main structure of the article is divided into four parts:Part one: introduction.This part mainly describes the research background,research significance,research status,literature review and so on.Rural collective economic organization is an important organizational carrier of our country's public ownership economy.In the reform of the "three separate rights" of land in our country,"the peasants' collective is the main body of ownership and the rural collective economic organization is the main body of exercise" [1] to safeguard the collective interests of peasants in the new land reform.It is necessary to clarify the civil subject status of rural collective economic organization.Part two: an overview of rural collective economic organizations in China.This part combs the past life of the rural collective economic organization of our country,as well as the present situation of the rural collective economic organization of our country to carry on the arrangement and the induction.The main purpose of this part is to clarify that the rural collective economic organization has become a private law organization after the disintegration of the people's commune by combing the historical development and evolution of the rural collective economic organization.Some of them have even been reformed or directly transformed into companies.Although they have participated in economic activities as civil subjects in reality,most of the legal norms regulating their main body system are local legal norms.The rank of the law does not conform to the Legislative Law.The ruralcollective economic organization which has not been reformed has not been recognized as a civil subject by law,so it is urgent to confirm its civil subject status by law.The third part: the problems existing in the main body system of rural collective economic organization in China.This part analyzes and studies the Constitution and the Law on Land Administration before the promulgation of the General provisions of the Civil Code,and then evaluates the subject system established by the General provisions of the Civil Code.The author affirms the positive significance of establishing the rural collective economic organization as a special legal person in the General principles of Civil Law.However,we do not agree with the classification of special legal persons in the General principles of Civil Law and the provisions that directly confer special legal person status on village committees.The General principles of Civil Law restrict rural collective economic organizations to a kind of civil subject of special legal persons.Is the failure to recognize rural collective economic organizations In fact,become the reality of various types of civil subject.Giving the village committee the legal personality directly is also the legislative error caused by the wrong understanding of the nature of the village committee.Part IV: suggestions on the re-construction of the main body system of rural collective economic organization.In view of the problems existing in the above part,this paper puts forward some suggestions for the re-construction of the civil subject system of the rural collective economic organization in China.The main content is to propose that our country should adopt the legislative mode of "special law of general law" to construct the civil subject system of rural collective economic organization in our country.General principles of Civil Law confirm the type of civil subject of rural collective economic organization.Special Law of Rural Law establishes various systems of systematic rural collective economic organization,including subject system,property system,member system,autonomous system and so on.