A Study On The Constitution System Of The Legal Person Of The Rural Collective Economic Organization

The articles of association are the collective norms within the organization,which have the highest internal effect,priority in judicial application and the embodiment of the principle of autonomy of will.The articles of association of rural collective economic organization is a "soft law" norm to maintain the orderly operation of the organization and promote the scientific and effective governance of the organization.The construction of its constitution system is conducive to promoting the reform of rural collective property rights,building a rural collective economic system with clear property rights,promoting the development of rural agricultural social economy and the rule of law,and providing system guarantee for the development of rural collective economy.The constitution system of rural collective economic organizations should be constructed in combination with the relatively mature constitution system of corporate in China.The content of the constitution system of the collective economic organization should first include the nature and function of the constitution;on the basis of confirming that the constitution is the essence of the legislation of the civil private group,the function of the constitution to the organization legal person should be made clear.At the micro level,the contents of the constitution system include:the basic contents of the constitution;the ontological effect of the Constitution and the conflict and coordination between the Constitution and the national law;the formulation and modification procedures of the constitution.The basic contents of the articles of association are summarized from the aspects of policy guidance,and then combined with the empirical research and Enlightenment of local legislation,the contents of the legal person of the rural collective economic organization are constructed at the level of necessity.These basic contents regulate the operation mode,existence state,profit distribution,daily management,construction of governance structure,etc.of the organization.The ontological effect of the articles of association is the self-efficacy of the articles of association Effectiveness is the concrete expression of the essence of the articles of association in the perspective of the rural collective economic organization as a legal person,which is embodied in the effectiveness of the articles of association to the legal person organization,the effectiveness to the members,and the effectiveness to the counterpart of the external transaction;the contents of the articles of association include the provisions on the division formula of the organization's profits,the provisions on the allocation of shares,and the establishment of the internal organs of the legal person organization.The articles of association of the rural collective economic organization is the internal organization standard of the legal person organization,which is used to form an effective expression of intention and engage in civil activities.It has the dual nature of "organization law" and "behavior law".Therefore,the articles of association should have clear provisions on the voting system of the legal person organization,including the voting rights,voting matters,and the meeting convening system.In the specific way of governance,the articles of association should take into account the particularity of the rural collective economic organization legal person and make special provisions.