Research On The Civil Subject Qualifications Of Villager Groups

The village group,which is rooted in basement layer,is a typical kind of social organization widely existed in China.In practice,Village group plays a significant role in the construction of democracy at the grass-roots level,social management,and economic development.However,there are some problems in the law,such as the absence of the civil subject of the village group,the unclear stipulation of the rights and obligations of the law and so on,which lead to the differences in the results of the relevant civil cases and the infringement of the collective property of the village group.The absence of civil subjects and few legal provisions in law do not match the actual situation that the village group plays an important role.It is not conducive to the role of the villager group in rural social governance,the construction of collective economic organizations and the deepening of property rights system reform.In 2019,Document No.1 puts forward " the legal and regulatory system of improving the implementation of collective ownership,stabilizing the contractual rights of farmers,and loosening land management rights.We will accelerate the reform of the joint-stock cooperative system for collective operating assets in rural areas,and promote the experience of changing resources into assets,funds into shares,and farmers into shareholders.We should strengthen the service function of collective economic organizations and play a role in managing collective assets and rationally exploiting collective resources."On the premise of the separation of ownership,contractual rights and management rights,the author believes that the role of village group in the liberalization of management rights should be given full play.The article consists of four parts.The first part summarizes the current situation of the lack of legislation and the establishment of civil subject qualification under the informal rules,and puts forward that the village group is the natural identity unit of the masses,the manager of the natural village and the property domination right derived from the status of the manager.The second part is supplement of the civil subject qualification of thevillage group through policies,and the practice of the village group practicing civil subject qualification in some areas.And this part elaborates the specific supplement of the policies and regional practices to the civil subject qualification of the village group.In fact,the village group has acted as a group of collective economic organizations function and become a special civil subject integrating the power and capacity of rural grass-roots autonomous organizations and groups of collective economic organizations.The third part summarizes the legal disputes caused by the lack of legislation on the civil subject of the village group and puts forward the important significance of the construction of the qualification of the civil subject of the village group.The fourth part clearly puts forward the path of the construction of the village group,and clearly points out that the village group with collective property such as land possesses the qualification of the civil subject,enjoys rights and assumes obligations in its own name.Villagers stake in with collective assets such as land,and farmers become shareholders of village group.Village group is allowed to act as the functions of collective economic organizations.Village group becomes special legal person.Rural problems and rural work is a very complex and comprehensive problem including economic development,ecological progress,grassroots governance and so on.The concrete practice that village group of our country produces actual effect in a few countryside cannot abandon easily.It is urgent to improve the civil subject status of village group in law.It is clear from the law that the villager group owning collective property such as land has the qualification of civil subject,enjoys civil rights and assumes civil obligations in its own name,and acts as the representative group of collective economic organizations,which is more conducive to providing a train of thought for solving the complex problems of agriculture,countryside and farmers and deepening the reform of rural collective property rights system.