Research On The Bankruptcy System Of Special Legal Persons Of Rural Collective Economic Organizations

With the continuous promotion of the rural revitalization strategy,the rural economic environment has undergone tremendous changes.The country also pays more and more attention to rural legislation,improves the basic legal system,and guarantees the rapid development of the rural economy.The enactment of the "General Principles of Civil Law" in 2017 gave rural collective economic organizations special legal person status.Although it solves the long-standing lack of legal person status in the rural collective economic organizations and allows them to participate in market competition activities as market entities,it does not provide for its market exit mechanism.The market access and market exit mechanisms are just like the birth and death of natural persons.They complement each other and are indispensable.Therefore,special legal persons in rural collective economic organizations should also have a certain exit mechanism.Bankruptcy,as one of the means of market exit,should be given high priority.In addition,the 99 th clause of the General Regulations of the Civil Law stipulates that if laws and administrative regulations have provisions for rural collective economic organizations,those provisions shall be followed.This gives a certain possibility to the research on the bankruptcy system of the special legal person in rural collective economic organizations.Moreover,the support and reference of relevant theories and systems provide a solid foundation for the construction of its bankruptcy system.Giving rural collective economic organizations special legal persons the ability to bankruptcy can not only improve our legal person system,protect the interests of creditors,but also maintain social order.However,at present,there are many disputes about the bankruptcy system of the special legal person in rural collective economic organizations,and there are still many problems in constructing the bankruptcy system.For example,the long-term lack of bankruptcy capacity of rural collective economic organizations,the difficulty of defining bankruptcy property,the reorganization of bankruptcy,and the protection of related stakeholders also have certain obstacles.These problems have always been a stumbling block to the construction of the bankruptcy system for rural collective economic organizations and special legal persons.Only by properly solving these difficulties can we effectively promote the implementation of the bankruptcy system and promote the development of society.With the continuous improvement of legislation for special legal persons in rural collective economic organizations,these issues will also be resolved.Based on this,the bankruptcy system of special legal persons in rural collective economic organizations should be studied in depth to make up for the vacancy of relevant laws.Establish a bankruptcy system for special legal persons in rural collective economic organizations.The meaning and bankruptcy of the special legal person of the ruralcollective economic organization should be defined,and the difference between the bankruptcy of the rural collective economic organization and the bankruptcy of the corporate legal person should be clarified in content.In addition,it is necessary to analyze the opinions of various scholars on the bankruptcy of rural collective economic organizations and to evaluate them.As for the problems facing the construction of the bankruptcy system of the special legal person in rural collective economic organizations,the bankruptcy capacity should be given to them from the aspects of differentiating the functions of collective economic organizations;the bankruptcy property should be accurately defined from the operating assets,non-operating assets and resource assets;Strengthen the security of its asset operation and improve its governance mechanism to ensure the effective implementation of bankruptcy and reorganization;formulate specific regulations in accordance with relevant laws,regulations and local legislative documents in conjunction with the characteristics of rural collective economic organizations to protect the legitimate rights and interests of creditors and collective members,In particular,the social security system should be improved to protect the interests of collective members.Therefore,through the construction of the bankruptcy system for special legal persons in rural collective economic organizations,the development of the rule of law in rural areas will be further developed.