| Rural collective economic organizations,as the only organization that owns ownership of land other than the country,have a decisive influence on the development of China's rural economy.The new concepts proposed during the 19th CPC National Congress,namely Rural Revitalization Strategy and Giving Priority to the Development of Agriculture and Countryside,should also play a role in the rural collective economic organizations.The General Provisions of Civil Law has bestowed the status of special legal person on the rural collective economic organizations,thus solving the long-time problem of the missing market status and also laying the foundation for their further development.However,the provision regarding the special legal person can only solve the problems of rural collective economic organizations in name and has not yet addressed the essential issues.Under the framework of special legal person,this paper has discussed the system of rural collective economic organizations with the aim of changing the exist-in-name-only status of rural collective economic organizations.This paper consists of four parts.The first part is devoted to determining the current legal status of rural collective economic organizations and analyzing the reason for it.First of all,the current legislation about rural collective economic organizations has been discussed.From the angle of relevant laws,the definition of rural collective economic organizations has been summarized.Secondly,the reason why rural collective economic organizations are defined as a special legal person by the General Provisions of Civil Law has been discussed from the perspective of historical cause and social cause.Lastly,by comparing it with similar civil subjects,this part has analyzed the special features of rural collective economic organizations.The second part mainly discusses the development trend of rural areas under the background of urban-rural integration and the redefinition of rural collective economic organization functions.With the continuous deepening of the integration of urban and rural areas,the rural social security system will gradually improve,and the role of land for the protection of the collective members' lives will also slowly decrease.Rural collective economic organizations should further strengthen their landownership functions and gradually strip off public service functions.The third part is concerned with the problems existing in the current system of rural collective economic organizations from four aspects,namely the incomplete system,incomplete organizational structure,the lack of member right system and the lack of market withdrawal system.Aimed at the main problems facing the system of rural collective economic organizations,the relevant solutions have been put forward in the fourth part.To be more specific,necessary measures should be taken to improve the organizational establishment and governance structure,define the essence of member right properly,unify the criteria for judging the membership as well as improve the system for membership registration,cancel and benefit allocation.Through the restriction of the scope of business and bankruptcy property,the market withdrawal system will be improved. |