Research On Property Right System Of Rural Collective Economy Organization In Terms Of Special Legal Person

The general principles of the civil law gives rural collective economic organizations the status of special legal persons,which is an important institutional innovation of the general principles of the civil law and also an important development of rural collective economic organizations.To some extent,it solves the problem caused by the unclear subject status of rural collective economic organizations.However,due to the particularity of rural collective economic organizations and the absence of detailed provisions on their specific systems in current laws,it is difficult for them to independently enjoy rights and undertake obligations after being positioned as special legal persons.Under this background,the property rights as an important rights of the rural collective economic organizations,collective economic organization legal person should be how to enjoy and use this right,become the key to rural collective economic organizations of property rights system reform,so in this paper,under the special corporate positioning system of property rights for rural collective economic organizations for analysis and research.This article consists of five parts.The first part expounds the background and significance of the research on the legal person property rights system of rural collective economic organization,the current research status at home and abroad,research methods and innovation points.At present,the rural collective economic organizations of "phantom",property ownership is not clear,the members of a well-defined problems,was still in the stage of exploration for the reform of rural collective property rights,and the rural collective economic organization legal person property rights exist a variety of particularity,therefore,only by rural collective economic organizations to our country the characteristics of the system itself and the current practice model of the depth of mining,the research analysis,to put forward a both conform to the requirements of the universality and particularity of both system of rural collective economic organization legal person property rights system,so as to the rural collective economic organizations provide reference for the establishment of the legal system.The second part is an overview of rural collective economic organizations and their property rights.The first is to introduce the historical evolution of rural collective economic organizations.Followed by the theory of the concept of dispute,the end of the academic circles mainly formed a comprehensive farmers organizations,agricultural socialist economic organizations,economic cooperatives said,on the basis of the collective land all of the collective economic organizations said the four point of view,this article will be defined based on collective land ownership,within the scope of the asphalt pavement or production team formed to manage and organize the collective members of the production and operation activities and provide other social functions of collective economic organizations.It takes the collective ownership,the land as the link and the member community as the main characteristic.Rural collective economic organizations are fundamentally different from village committees and farmers' specialized cooperatives in terms of nature,functions,foundation for establishment and membership standards.Secondly,the property right of rural collective economic organizations is analyzed.Property right is a very broad concept,but from the perspective of the current situation of property right of rural collective economic organizations,the most important is ownership,so the object of this paper is defined as ownership.Finally,it analyzes the value of rural collective economic organization and its property right system.The third part analyzes the legislation,practice and existing problems of property rights in rural collective economic organizations.On legislation,by looking at the existing property rights for rural collective economic organizations and the provisions of the law and local rules and regulations can be found that the current our country rural collective economic organizations and their property rights exist the following problems: one is the lack of systematic regulation of the rural collective economic organizations,main performance at the national level the provisions of the lack of the rural collective economic organizations;There are provisions at the local level but the level of legislation is too low and there are regional restrictions.Second,the state level of legislation on the property rights of rural collective economic organizations inadequate provisions.Third,the local level of the provisions is more general,some provisions and national legislation contradictions.In the practice of the reform,the reform of rural collective economic organization mainly formed cooperatives legal person,legal person and legal person three forms the joint stock cooperative system reform in our country are summarized based on analyzing the status quo,can be found in practice the rural collective economic organization is the collective property rights of property ownership is not clear or incomplete property rights power,members of the property right is not clear and the collective ownership internal circulation efficiency cannot be achieved.The fourth part discusses the position of special legal person of rural collective economic organization and the influence of property right system.The definition of special legal person of rural collective economic organizations means that rural collective economic organizations are neither profit-making legal persons,nor non-profit legal persons,nor special legal persons such as institutional legal persons.Although the rural collective economic organization is a special legal person,it is still an economic organization,but it is different from the general economic organization,its purpose,property,membership and responsibility are special.The special legal person orientation is of great significance to the rural collective economic organizations,and its significance in the reform of the property right system is to clarify the ownership of property rights,to straighten out the interest relationship between the rural collective economic organizations and their members,and to give full play to the social security function of the rural collective economic organizations.The fifth part expounds the reconstruction of the property right system of rural collective economic organizations under the special legal person orientation.To clarify the value orientation of system reconstruction,it is proposed that the basis of reconstructing the property right system of rural collective economic organizations is to innovate to the form of legal person.In the academic circle,there are mainly three forms of legal person theory,namely cooperative legal person theory,company legal person theory and joint stock cooperative system.Comparatively speaking,the form of joint-stock cooperation system can better adapt to the actual situation of the current rural collective economic organization.Therefore,we should objectively look at its shortcomings and make improvements on its basis to form a new type of joint-stock cooperation system,which is the legal person form of rural collective economic organization.The new joint-stock cooperative system puts forward the classification of rural collective property,the conservative management of land and other special property,and the establishment of sub-branches and sub-organizations for the investment of other operational property,and learns from the management mode of subsidiaries of state-owned enterprises to solve the problem of restricting capital development in the joint-stock cooperative system.In terms of share establishment,the establishment of member shares and capital shares shall also be subject to classified management.The establishment of member shares based on membership shall not be transferable,while capital shares may be transferred.