Functional Disorganization And Institution Of Rural Collective Economic Organizations

Rural collective economic organizations are the "special legal person" established in the "general provisions of civil law",which is special in the function of making policy decisions of rural areas within the scope of the interests of farmers involved in the economic affairs.It's function also involves in explicating the collective ownership of the peasants,as well as resisting public power to some extent.It is necessary to make a careful observation of procedure element such as the antithesis,participation,information,voting and result elements involved in the decision-making process.Current rural collective economic organizations found during the operation of these specifications elements appear more or less omissions or confusion phenomenon,thus the development of the rural collective economic organizations always failed to play a proper function,even in reality there is phenomenon of villagers committee designated the rights of the rural collective economic organizations.The function dislocation of the organization arises from the dislocation of elements,and the due process principle is the correction direction of its dislocation function.From the perspective of due process,to establish a qualified to participate in the system,information disclosure system,negotiation and voting system,will be standardized decision-making process can achieve reduction decision-making functions of collective economic organizations and the property rights safeguard function.It is also the framework and legislation system of the "Collective Economic Organization Law of the Rural Collective Economy" that should be formulated in these three systems,that is,the procedural norms should be highlighted in order to realize the independent legal person status of rural collective economic organizations.The structure of this article is the first part to discuss the rural collective economic organization has the system function;and the procedural elements needed to realize these functions,the interaction between the elements.In the second part,from these factors,we can see that the rural collective economic organization is unable to realize its function.The third part relocates the function of the rural collective economic organization by the logic of correction.The fourth part tries to establish a system to match the function of rural collective economic organization.