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

Since the reform and opening-up policy,in order to solve the " three dimensional rural issues" problems caused by the dual pattern of urban and rural areas.China has taken many measures to promote the development of rural politics,economy and culture,such as villagers' autonomy,contractual responsibility system for joint production,new rural cultural construction and so on,which has changed the rural landscape tremendously.However,on the way to a well-off society,peasants encounter bottlenecks in their development: inefficient operation of collective operating assets,and the lack of integration of resource assets with modern agriculture due to the decentralization of small farmers.One of the main reasons is the lack of organization and guidance of the main body of the new agricultural management,the failure to achieve the organic integration of production factors and the large-scale operation of agriculture,thus restricting the development of rural community public utilities.The breakthrough of the? General Principles of Civil Law ?in the legal system provides conditions for solving this problem.In the first place,the profit-making legal person,non-profit legal person and special legal person have replaced the former legal person model of enterprise legal person,organ and institution legal person and social organization legal person.Furthermore,the special legal person is divided into organ legal person,rural collective economic organization legal person,urban and rural cooperative economic organization legal person and grass-roots mass autonomous organization legal person.This legislative measure not only perfects the legal person system of our country,but also provides legal basis for correctly handling the relationship among village collective economic organizations,village committees and village cooperative economic organizations.At the same time,it provides a feasible organizational guarantee for the efficient operation and fair distribution of rural collective assets,the implementation of villagers' autonomy system and the realization of the goal of Rural Revitalization proposed by the Nineteenth National Congress of the Communist Party of China.This paper attempts to shape rural collective economic organizations as the legal entity development of rural communities.On the basis of drawing lessons from the relevant research results at home and abroad,combining with theactual situation and using the methods of literature analysis and comparative observation,this paper comprehensively discusses the construction of the legal entity system.The theme of the article is studied from the following aspects.Firstly,it explains the related concepts,nature and status of the legal person system of rural collective economic organizations.Rural collective economic organizations are concepts formed under the special ownership structure of our country.They originated from various cooperative movements in the 1950 s.They have undergone institutional changes from mutual aid groups,cooperatives,senior cooperatives to people's communes.Under the mode of "three-level ownership and team-based" ownership of means of production,rural collective economic organizations are organized in the form of people's communes,production brigades and production teams.After reform and opening-up policy,Establishment of household contract responsibility system with unified division and double-level combination.As a result,the village community gradually separated,and its organizational form was village group,village and township three-level rural collective economic organizations.Judging from the provisions of the current law,the legal person of rural collective economic organization is a member of the rural collective in a certain range.It is an economic organization established on the basis of the collective ownership of natural resources such as land.It has the characteristics of community and closure.It not only fulfills the functions of collective assets management,but also completes the functions of community public management.At the same time,it provides certain survival guarantee for members of collective economic organizations.Secondly,the establishment,alteration and termination of legal persons in rural collective economic organizations are discussed.As a special legal person,the establishment of legal person of rural collective economic organization is suitable for the use of concessionalism.The village committee,as an applicant,holds articles of association and certificates of collective land property rights,etc.and submits an application to the competent government department.After examination and approval,the competent department shall register and announce the application.When the name,ownership of land,a certain number of members of rural collective economic organizations and the domicile of legal persons change,registration of change should be carried out according to law.Rural collective economicorganizations will be terminated due to the loss of collective land ownership,such as urbanization,and their legal personality shall be revoked by the departments of the people's government according to law.However,the bankruptcy system is not applicable to rural collective economic organizations.Thirdly,it discusses the organizational system of legal persons in rural collective economic organizations.The organization of legal person is the tool for legal person to realize its function.To determine the constitution of legal person organizations,we must first define the identity of legal person members.The criteria for determining the qualifications of legal person members of rural collective economic organizations are mainly household registration and land as the two core elements of life security.Other persons who have been discussed and agreed by the villagers' meeting can also be considered.Rural collective economic organizations can be designed in the form of joint stock cooperative legal persons.Their internal organizational structures can be arranged in accordance with the corporate governance structure.They are composed of power organs(congresses of members),executive organs(councils)and supervisory organs(supervisory boards),and their legal representatives are the chairmen.In order to prevent the overlapping of rural collective community autonomous institutions from causing people to overstay,thus increasing the burden of villagers,it is also possible to consider community autonomous institutions acting on their behalf,that is,the villagers' Congress is the power organ,the villagers' committee is the executive organ,the village affairs supervision committee is the supervisory organ,and the village committee director is the legal representative.The last aspect is to discuss the legal person's capacity of rural collective economic organizations,that is,capacity for civil rights and capacity for civil conduct,as well as capacity for civil liability.As a special legal person,the legal person of rural collective economic organizations has common characteristics with the general legal person in terms of civil capacity,that is,the capacity of civil rights and civil conduct should take the time when the registration or approval documents come into effect as its capacity generation time,and the scope defined by the registration and approval documents as its capacity limit.As the owner of collective land,it can exercise the rights of the subcontractor,and be responsible forthe operation,disposal and distribution of other assets of the village collective,and provide services for family management.The debts incurred by rural collective economic organizations in their management,operation and service activities shall be borne by their registered property,but the ownership of natural resources such as collectively owned land shall not be used to pay debts.In a word,the legal person of rural collective economic organization is a new legal person that needs to be explored and studied deeply.In order to put it on the road of healthy development,we should formulate Rural Collective Economic Organization Regulations as soon as possible so as to give full play to its role in the implementation of the strategy of rural revitalization,ensure the effective operation of rural collective assets and achieve the goal of well-off rural areas.