Research On The Effective System Of The Resolution Of The "Members' Meeting" Of Rural Collective Economic Organizations

Under the background of the reform of rural collective property rights system,the number of rural collective economic organizations in China has gradually increased.On the basis of adapting to local conditions,it adopts the methods of clearing production accounting,property rights definition,stock-quantification,and share-based income.The operating assets are quantified and distributed to the members of the organization according to a certain proportion.The members enjoy relevant rights and perform certain obligations according to the shares of the quantified assets held.Although the member assembly is the highest authority of the organization,its resolution is the expression of the meaning of the rural collective economic organization,but for members of most organizations,especially members of rural collective economic organizations that have just been established through the reform of the rural collective property rights system,they are not familiar with the resolutions of the General Assembly and are easily misled by management or members of the majority of the shares when exercising their rights.In addition,although the rural collective economic organization is an independent legal person,most laws and regulations,including the General Principles of the Civil Law,stipulate that in some cases the village committee can exercise its powers of management and management,and because of the lack of management system,when the village committee can exercise the rights of collective economic organizations,the mode of integration of government and enterprises is likely to lead to violation of membership rights.Therefore,in order to avoid the violation of the rights of members by the management,the majority of members and the grassroots political organizations,it is necessary to construct the system of resolutions for the resolutions of the members,regulate the operation and management of the organization,and protect the rights of members.This paper mainly studies the effectiveness system of the "Members' General Assembly" resolution of the rural collective economic organization from the three parts: The first part is the legal summary of the effectiveness of the resolutions of the member general assembly.Through the analysis of the nature of the resolutions of the members' congresses,the particularity of the resolutions of the members' congresses,and the basis of the resolutions of the members' congresses,it is concluded that the resolutions of the general assembly are not the type of general legal acts in the doctrine of the doctrine,which is different from other theories under the traditional legal behavior theory.The specific types of legal acts do not have the general characteristics of general legal acts.Under the analysis of the particularity of the resolutions of the members' congresses,they are found to have the characteristics of group system,procedural and economic.Different from other types of resolutions,other resolutions cannot be applied.Legal system.In the analysis of the basis of the effectiveness of the resolutions of the General Assembly,it is found that the effectiveness of the system comes from the three principles of democratic decision-making,private law autonomy and procedural law.When there are violations of the three principles,there is a problem in the basis of its effectiveness.Effective.The second part is an empirical analysis of the effectiveness of the resolutions of the General Assembly.Based on the collection of relevant resolutions on rural collective economic organizations in judicial practice,this paper analyzes the collected cases and finds that the resolutions of rural collective economic organizations have been increasing year by year,and the courts have gradually increased the content of the resolutions and are reviewing them.There are different trials on the entry into force and effectiveness of the resolution,and the effectiveness of the remedy.There are some legal issues that need to be resolved,including: the legal system is not perfect,the phenomenon of inability to follow,the type of resolution,the disorder,and the resolution procedure are not available.Emphasis on the effectiveness of resolutions,imperfect relief,etc.The third part is the effectiveness system of the resolutions of the members' assembly.Through the theoretical basis of the resolutions of the members' assembly and the status quo of the resolutions of the members' congresses in the judicial practice,the current situation of the trials,and the legal issues that arise,it is necessary to sort out the effectiveness system of the resolutions of the members' congresses,and to distinguish the establishment and entry into force of the resolutions of the members' congresses.The constituent elements and effective requirements of the establishment of the member assembly are analyzed,and the time and constraints of the resolution of the member assembly are discussed.The fourth part is the effective resolution of the member assembly.When the effectiveness system of the resolutions of the members' assembly is flawed,including the content flaws and procedures,the resolutions of the member assemblies are effective.The fourth part discusses the type of division of the resolution after the resolution,and determines the validity of the resolution of the member assembly.The type applies the "three-point method",including the invalidity of the resolution,the resolution can be revoked,the resolution is not established,and the application of various types of defects and laws The consequences are analyzed.Finally,the judicial practice and the validity of the resolutions appearing in some laws and regulations are confirmed,and the application and legal consequences are clarified.