On The Construction Of Rural Collective Economic Organization Governance Structure

The rural collective economic organization has achieved remarkable development achievements after several decades,and as the only organization other than the country that has ownership of the land,it plays an irreplaceable role in the vast rural land.On October 1,2017,the General Principles of Civil Law came into force,which clearly stipulated that the rural collective economic organization was a special legal person.This is the first time that it has given its main status in the form of law,so that it can conduct business independently in the market.Thereby laying the foundation for further development in the future.But from another point of view,such a provision is only a general rule.It only solves the problem of the “name”of the rural collective economic organization.There is still a big gap in the“real”aspect.There is no further regulation on the matching membership system,property system,and governance structure system.In view of this,this paper sorts out and constructs the governance structure of rural collective economic organizations under the framework of special legal person system.In the overall thinking,the author tends to develop rural collective economic organizations in the direction of corporatization,so the context of the article It will also follow this line of thought.The main body of this paper is divided into four parts to explain the construction of the governance structure of rural collective economic organizations.The first part is the basic concept of the governance structure of rural collective economic organizations,which mainly includes three major blocks,namely the concept of rural collective economic organization,the concept of governance structure and the connotation of the governance structure of rural collective economic organization.When introducing collective economic organization,it is From the three aspects of nature,function and its differences with relevant economic organizations,when the governance structure is elaborated,it is carried out from three levels,thusclarifying what is the governance structure,and the governance structure of the rural collective economic organization introduced later.The connotations of each other are mutually inherited,and the whole lays the theoretical foundation for the following expansion.The second part mainly introduces the status quo and dilemma of rural collective economic organizations.The status quo includes the status quo of legislation and the status quo of practice.Through summarizing the status quo,the author has clarified the development status of the current rural collective economic organization governance structure,and also found out from it.The current rural collective economic organization's dilemma in the construction of governance structure,including the lack of laws and regulations,the organization is not perfect,the existing restructuring does not reflect the special features of rural collective economic organizations,and the following discussion is also the entry point Therefore,the problem can be solved and the corresponding governance structure can be constructed.In the third part,this paper introduces the governance structure model of rural collective economic organization,which is selected from the macro perspective,which is based on the corporate governance structure of the corporate legal person.At the same time,it highlights the characteristics of the rural collective economic organization.Here is the author's thought.The problem to be emphasized.As a special legal person,especially in this paper,it is necessary to build a governance structure for the rural collective economic organization in the traditional sense.When constructing the governance structure,it is inevitable to directly follow the provisions of the general legal person,but from the theory of the general legal person,it is to settle down to itself.In terms of particularity,such as the particularity of establishment,the particularity of responsibility,and the particularity of property composition,only the governance structure constructed in this way can directly attack the key points and promote its own development.Finally,the fourth part is based on the author to construct a governancestructure that conforms to the current rural situation.Specifically,it mainly includes the internal organization and other operational mechanisms that match it,including three aspects in the organization.The contents are the construction of the authority,the construction of the executive organization,and the construction of the supervisory organization.The construction of the relevant operational mechanism includes the construction of the interest distribution system,the construction of the information disclosure system,the construction of the equity transfer system and the construction of the bankruptcy system.On the whole,the first three parts lay the foundation for the last part of the discussion.Through the full text,the author finally draws the construction path of the rural collective economic organization governance structure,that is,the dynamic and static development,the organization and the corresponding operational mechanism,and strive to To the greatest extent,it is adapted to the current rural economic development in China and promotes the improvement of farmers' living standards.