Study On The Rules Of Defects On The Effectiveness Of The Collective Resolution Of Farmers

Before the promulgation of the General Provisions of the Civil Law,the civil law scholars had a heated debate on the institutional arrangement of the resolution acts of civil legal acts,one of the focuses was whether the collective resolution acts of farmers should be included in the adjustment of the system of "resolution acts" in order to open up the situation for the repair of the defective rules of the validity of the collective resolution of farmers,but this vision was not realized in the end.Although there are some obstacles to the classification of peasants’ collective resolutions into the narrow scope of resolutions,article 134,paragraph 2,of the General Civil Code does not eliminate all its loopholes,such as the fact that the civil partnership does not accord with the basic characteristics of the "organization body ",but its resolutions can be found.Although the revocable clause has been confirmed by law in writing,it is very difficult to apply in practice.The existing rules on defects in the validity of collective resolutions of peasants seem to belong to the paradigm of dichotomy in the system of defects in the validity of group resolutions,but it is only a false fact,and the procedure and voting rules of collective resolutions of peasants are not consistent in many laws,so we add collective resolutions according to the provisions of judicial interpretation 4 of the Company Law,it is also extremely difficult to fail.In terms of causality,the imperfection of the rule of validity of the peasant collective resolution is due to the legislator’s abnormal practice of "the state power should give the state power should give the villagers autonomy full freedom ".The original purpose of respecting the villagers’ autonomy freedom is to repair the negative effect caused by the comprehensive intervention of the state power in the rural society during the socialist exploration period.From a more nuanced perspective,farmers collectively or The village collective economic organization,as the most typical "joint organization ",naturally has greater risks in infringing farmers’ rights and interests,which leads legislators to choose to break the conventional system of common resolution validity defects,only for legislative purposes this is to seek a " compensation " for farmers in the collective,its initial heart is good but the effect is obviously not ideal.It is urgent to make up the loopholes of the rules on the validity of the peasant collective resolution,and the national public power must strengthen the regulation of the peasant collective resolution in an all-round way.It is suggested that judicial interpretation should be used to concretize and limit the causes of revocability and invalidity,and then to extend the types of defects which can not be established,and to add the cure for the defects of collective resolution.On the other hand,the system of village collective economic organization and special legal person should be used to rebuild the mechanism of peasant collective resolution at the level of village group,and then the rules of validity of the resolution should be fully connected with the legal person.The sales terms were further emptied.