Study On Member's Rights Of Rural Collective Economic Organization

The most urgent and core problem in 'three rural' problems is the construction of the membership right system in the rural collective economic organizations.The membership right of rural collective economic organizations derives from collective ownership,which is the right of members of rural collective economic organizations because of their membership,and is one of the ways to realize collective ownership.After the reform and opening up,with the promotion of the separation of politics and society,China has established the grass-roots mass autonomous organizations and independent rural collective economic organizations.Now what we call rural collective economic organizations generally refers to the economic organizations at the level of production teams or villager groups,with the goal of purely engaging in economic activities.In modern practice,the specific forms of rural collective economic organizations include township collective economic management entities,village economic cooperatives,village-share economic cooperatives,natural village economic entities,farmers'professional cooperatives,specialized farms,and so on.Rural collective economic organizations should belong to the permanent organizations in rural areas in China,and should have their own stable internal institutions.Since there are few provisions in Chinese laws in this aspect,coupled with the fact that rural reform in some areas is not thorough,the management activities of the rural collective economic organizations are almost managed by the villagers' committees or by the leading members of the village committees who also hold the posts of collective economic organizations.Such a governance organization makes the rural collective economic organizations interferred by the village committee in everything,gradually reduced to become a subsidiary of the village committee,so that it is in a nominal embarrassing situation,seriously affecting the realization of the rights of its members.The General Principles of Civil Law endows the rural collective economic organizations with the status of legal persons and divide them into the new category of special legal persons,which plays a fundamental role in the study of the nature of the membership rights of rural collective economic organizations and the contents of specific rights.It means that the rights of hundreds of millions of peasants in China will be exercised and protected under the protection of the legal person system,which has the advantages of separation of ownership and management,limited liability,ease of circulation and easier raising of funds.Rural collective economic organizations are like companies to a large extent,in the nature of legal persons,and with the attributes of quasi-corporatization.There are some problems in the system of membership rights of rural collective economic organizations,such as unclear membership,unreasonable income distribution and weak remedies.Referred to the relevant shareholder theory,the corporate shareholder right,as a special(member right)membership right,is similar to the rural collective economic organization membership right to a great extent.The research method of comparing the nature of the membership right of rural collective economic organizations with the nature of shareholders' rights is to quantify the assets of collective economic organizations as equity shares and to make the qualification of collective economic organizations relatively stable and static.It can remove obstacles for the standardized governance of collective economic organizations and the absorption of external members,which is conducive to the optimization of the internal structure of collective economic organizations,so as to adapt to the current market competition environment better and realize the maximum benefit of the members of the organization,providing theoretical support for the protection of membership rights.The membership right of rural collective economic organization belongs to'shareholder right' in nature.Referring to the theory of shareholders' rights,the membership rights of rural collective economic organizations can be divided into two categories:self-interest right and co-beneficial right.Among them,the right of self-interest includes the right to use the production and management facilities,the right to contract and manage the land,the right to distribute the compensation for the requisition of land,the right to use the homestead,the right to share in shares,the right to withdraw,and so on.The right of common interest is mainly embodied in the right of democratic management,such as the right to attend and vote in the general meeting of members,the right to convene the meeting of provisional members,the right to know the right to be elected and the right to be elected.The relief of the right of self-interest and co-interest of the members of rural collective economic organizations can be carried out through the exercise of revocation right,subrogation action,the right to know litigation and so on.