Research On The Legal Person System Of Villagers Committee

The General Principles of the Civil Law gives the villagers committee the status of a legal person,which is important but too simple.This article takes the villagers' legal person system as the research object,mainly to solve the specific design problems of the villagers' committee legal person rules.This paper starts with the purpose and the functions of the establishment of the villagers' legal person,and analyzes that the village committee is a special legal person with both for-profit and non-profit attributes.Secondly,the German regional public law society system and the domestic legal person legal system similar to the legal person of the village committee were investigated,in order to provide reference for the design of the specific system of the villagers' legal person.Thirdly,the specific rules of the villagers' committees were discussed.The establishment of the legal person of the village committee belongs to the franchise establishments.It has the legal person qualification since the day of its establishment,but it must have the formal elements and substantive elements of the establishment of the legal person.In terms of corporate governance,the corporate legal person system should be used to establish a governance model in which the three organs of power,executive and supervisory bodies are separated.In terms of civil capacity,villagers' legal persons have civil rights and civil capacity,and are subject to natural attributes and scope of purpose.The responsibilities of the legal person of the village committee include the responsibility of the legal representative and the substitute responsibility for the duties of other staff members.In terms of termination,the village committee legal person cannot be terminated due to bankruptcy,and the main reason for its termination is merger,separation and cancellation.And when the village committee legal person is revoked,it should also complete the liquidation and cancel the registration.Finally,in order to realize the benign and orderly development of the villagers' committees,it is necessary to develop a new type of government-village committee legal person relationship,improve the villagers' committee's supervision mechanism,and construct a legal person system that separates the village committee from the rural collective economic organization.