A Discussion On The Central Issues Of Legal Person System Of The Rural Collective Economic Organization

Rural collective economic organization is a kind of civil subject with Chinese characteristics.It has been deeply influenced by China's political,economic and cultural development since its development in the form of mutual aid group.The general principles of civil law gives rural collective economic organizations the status of legal persons in the form of basic law.However,the general principles of civil law only stipulates the declaration of rural collective economic organizations as legal persons,and the specific rules are still vacant.At present,there are few research achievements in the theoretical circle,and most of them are macro designs such as construction ideas and reform paths.At the same time,a large number of central policy document provides policy guidance for legislation,local legislation and trial practice exploration of accumulated a good experience for subsequent legislation,judicial work involved in the rural collective economic organizations as a legal person is the key problem of land expropriation compensation dispute the qualification cognizance of the members,the current legislative cases without a clear judgment standard to judge the applicable law problems,legislation needs to respect the history and summarizing practical experience,on the basis of full consideration of rural collective economic organization legal person special sex,clarify its economic functions.To establish a system based on the basic law of civil law and focusing on the special legislation of civil law.The first part briefly introduces the writing purpose and significance,literature review,research ideas and innovation points.The second part mainly sorts out the development and evolution of rural collective economic organizations,from the period of mutual assistance groups dominated by private ownership to the period of cooperatives,to the period of people's communes,and finally to the rural collective economic organization reform and the appearance of rural collective economic organizations as legal persons.The third part focuses on the legal status quo of rural collective economic organizations and analyzes the legislative and judicial status quo.The current rural collective economic organization legal person system build unclear orientation of the major problems facing the main functional"political and economic separation"difficult to implement,incomplete legislation system,member qualification standard is not clear,internal governance structure and external governance mechanism is not sound,the articles of association of formalism did not reflect its special sex,lack of supervision and lead to serious problems of the internal control,lack of the bankruptcy prevention mechanism,etc.The fourth part on the basis of historical evolution and legal status of the investigation of the rural collective economic organization legal person legislation to improve their ideas.On the basis of the particularity of rural collective economic organization and the principle of legislation,it reaffirms its economic function and constructs the subject of civil and commercial law in line with the development demand of market economy.The general provisions of the civil law and general provisions of the chapter of the legal person of rural collective economic organizations are taken as the general principles of the legal person of rural collective economic organizations.Perfecting the system of membership right by confirming the criteria of membership qualification;Construct the internal governance structure and external governance mechanism of rural collective economic organization;Strengthen the role of rural collective economic organization legal person articles of association;We will establish a legal person supervision system for rural collective economic organizations,improve internal procedures for exercising their rights,and establish a mechanism for managing their external operations.Establish bankruptcy prevention mechanism.