Research On The Mode Of Legal Personization Of Rural Collective Economic Organizations In My Country

Under the background of the "General Principles of the Civil Law" setting the legal status of rural collective economic organizations as special legal persons,it is of great significance to study the model of corporatization of rural collective economic organizations.The General Principles of Civil Law formally establishes its legal status as a special legal person.However,there are no specific institutional rules,coupled with the special nature and many limitations of the collective property of the rural collective economic organizations themselves and their management.In theory and practice,there are still many problems that are controversial,such as rural collective organizations.The pattern problem.Therefore,this paper takes the legalization of rural economic organizations as the background,and explores the specific content of its legal personification and legal person model research.In addition to the introduction and conclusion,the main content of this article is as follows:The first part is the formation of the concept of corporatization of rural collective economic organizations and the stereotyped expression.This section mainly traces the sprouting,development,and determination of the concept of corporatization of rural collective economic organizations and the status of the legal person of rural collective economic organizations.This article believes that although rural collective economic organizations have already begun to use models since the period of public ownership reform in the 1950s,However,the issue of corporatization has not been mentioned until after the reform and opening up.As a result of a series of problems in the high-level community,rural collective economic organizations have emerged,and the emergence of corporatization has also emerged.Will it be legalized this year?The controversy academic community has existed until the introduction of the "General Principles of Civil Law" in 2017 that officially established rural collective economic organizations as special legal persons.The second part is the legitimacy of the legalization of rural collective economic organizations.This part analyzes the legitimacy of legal personification from the perspective of excavating the potential of rural collective economic organizations,safeguarding the interests of the members,and the current legal regulations.When rural collective economic organizations have not yet become legal entities,many problems have arisen in practice.Due to the uncertainty of legal status,they are unable to better carry out production and business activities and have limited the development of the organization.Due to the chaotic management,to a great extent,Damage to the interests of the members of the organization,coupled with the development needs of the law itself,require the rural collective economic organizations need to be legalized.The third part is the principle and path selection of the legalization of rural collective economic organizations-This part analyzes the principle of corporatization of rural collective economic organizations and defines the general principle for the further exploration of corporatization.In addition,the corporate legal person model after legalization debate at the current stage,Hubei's"dual track system"and the Dujiangyan model and the stock cooperative system model are compared,and it is concluded that the legalization model of rural collective economic organizations in China should be based on commumity shares.Cooperative-based conclusions.The fourth part is the specific method for the legalization of rural collective economic organizations.This section specifically discusses the "special" parts of the power,executive,and supervisory organs of this model that are different from other legal persons,and analyzes other unresolved or still There are controversial issues in order to provide some ideas for institutional design after the legalization of rural collective economic organizations.