Study On The Governance Of Special Legal Person In Rural Collective Economic Organization

The rural collective economic organizations in our country have obtained the legal person status in the General Rules of the Civil Law,and they belong to the special legal person type together with the basic self-governing mass organization legal person,the urban or rural cooperative economic organization legal person and the government units legal person.Although identification ended the chaotic situation that the legal subject status of rural collective economic organizations in the past few decades was unclear,did not provide detailed and specific guidance for how to govern them.At present,there are many problems in rural collective economic organizations’ governance,and it is difficult to enact the Rural Collective Economic Organization Law.At the same time,the rural collective property right reform system is advancing at full speed,rural collective economic organizations’ governance program has become an urgent obstacle to get through the last kilometer of collective reform.For this reason,based on the special legal person status of rural collective economic organizations,this paper makes a detailed analysis of the problems exposed in the process of governance,points out the truth behind it,and then puts forward the governance suggestions of rural collective economic organizations.The first part points out the particularity of the special legal person of the rural collective economic organization.This is the logical starting point for this paper to study the governance of rural collective economic organizations.It will determine the perspective of the current situation of governance,influence the analysis trend of governance problems and their causes,and test whether the reshaped governance system is in line with the effect of "tailor-made".Firstly,this paper expounds the two concepts of "rural collective economic organization" and "special legal person",combs the old history and new connotation of rural collective economic organization,and explains the origin of the status of special legal person,so as to clarify the governance object of this paper.This paper introduces the collective concept of "special legal person of rural collective economic organization" and discusses its essential attribute and function orientation,so as to determine the governance goal of this paper.The second part is the description of the current situation of the rural collective economic organizations’ special corporate governance.By examining the current situation of practice,we can grasp the existing governance foundation.In terms of the current legislative practice,both the central and local levels have issued normative documents on rural collective economic organizations.However,these normative documents are miscellaneous and unstructured on the whole and rough in details.As far as the typical practice mode is concerned,in the process of reforming special legal person of rural collective economic organization,the joint-stock cooperative system is the main choice.Due to the diversity of the specific forms of this organization,this paper chooses Ningxia model with obvious characteristics of cooperative system and Dongguan model with obvious characteristics of joint-stock system as typical representatives.Through comparison and contact analysis,we can see that all the models of exploring the joint-stock cooperation system are formed around the change of the two characteristics of "cooperation" and " joint-stock ".The most common form of organization is the cooperative system and the joint-stock system,so the governance foundation of the special legal person of the rural collective economic organization shows a trend of polarization.The third part is closely connected with the fourth part.Through the case type analysis and the special premise,the problems,causes and Improvement Countermeasures of the special legal person in rural collective economic organization are clarified step by step.In this paper,a total of 76 effective samples are analyzed,and10 types of disputes concerning the governance of rural collective economic organizations are summarized.（1）From the first,second and third kinds of disputes,this paper deduces the serious problems of rural collective economic organization constitution’s formalization.This is caused by the unclear degree of autonomy in the constitution of rural collective economic organizations.Therefore,it is necessary to determine the nature and principle of the articles of association as soon as possible,clarify the autonomous boundary,and promote constitution.As the epitome of the governance system,the improvement of the Constitution itself is also the guidance for the construction of the governance system.（2）From the fourth,the fifth,the sixth and the seventh kinds of disputes,it is deduced that the special legal person of the rural collective economic organization lacks independence.This is because rural collective economic organizations are often confused with villagers’ committees,farmers’ collectives,other professional cooperatives and other subjects.Therefore,we should distinguish these relations and return the special legal person of the rural collective economic organization as an independent body.（3）From the 8th and 9th disputes,this paper deduces the serious problem of the minority control in the special legal person of the rural collective economic organization.This is due to the unscientific governance structure of the special legal person of the rural collective economic organization in China.Therefore,we should improve the governance structure of the special legal person of the rural collective economic organization as soon as possible,and enhance the flexibility of the equity setting management of the rural collective economic organization.（4）The 10 th dispute shows that it is difficult to determine the membership of collective economic organizations in China.This reflects the problem that the membership system of rural collective economic organizations is not perfect.Therefore,we should improve the operability of the rules of the membership of rural collective economic organizations,and make up the "short board" of the membership system.In a word,the special legal person of the rural collective economic organization in China needs to take the constitution as the guidance,build the institutional framework from the status independence and governance structure,and optimize the mechanism operation from enhancing the flexibility of the equity setting management mode and enhancing the operability of the membership rules.In this way,we can build a governance system that conforms to the principles of fairness and efficiency,and contribute to the sustainable and comprehensive rural reform in China.