Study On The Issue Of Revocation Of The Resolutions Of The General Assembly Of The Members Of Rural Collective Economic Organizations

As the manager of rural collective land,rural collective economic organizations can not only provide economic benefits for their members,but also guarantee the social welfare of collective members,which is the breakthrough point to promote the overall rural revitalization strategy.Along with the accelerating process of rural collective property rights reform and the central government attaches great importance to "three rural" issues,the status of rural collective economic organizations has become increasingly important.However,the legal status of rural collective economic organizations is difficult to be determined for a long time,which hinders their economic activities.The promulgations of the General Principles of the Civil Law and the Civil Code successively establish the special legal person status of rural collective economic organizations,and finally determine the independent subject status of rural collective economic organizations.The establishment of legal person status means that rural collective economic organizations need to have a certain organizational structure and make legal and effective resolutions through certain rules of procedure.The General Assembly of Members has the highest status in the structure of rural collective economic organizations.The resolutions it makes are more representative and rigorous,and all eligible members need to vote.But in practice the rural collective economic organization members don’t know about members of congress,for members of congress democratic resolution program also don’t know much,they are in the process of the members of the general assembly resolution are highly susceptible to interference by management,it is difficult to form their own true wishes,lead to the occurrence of defective resolution especially revocable resolution,make the legitimate rights and interests of the collective members to harm."Civil code" is endowed with members of the collective to the rural collective economic organizations shall enjoy the right of revocation infringes upon the lawful rights and interests of its resolution,confirmed the existence of revocable resolution,but did not rule infringes upon the lawful rights of members when the concrete reason,members of the litigation can refer to for-profit legal person about the legislation may revoke the resolution,the general rules are summarized.Legislation for rural collective economic organizations of cancellation right is a general rule,makes the concrete flaws of revocable resolution reason,there is a lack of relief program,lead to many court case in the practice of the penalties,even there is court to directly to ignore the case doesn’t belong to the scope of accepting cases,difficult to achieve the purpose of the legislation on protecting the legal rights and interests of the collective members.In this regard,it is necessary to explore the particularity of revocable resolutions of rural collective economic organizations in combination with the purpose of legal person of rural collective economic organizations,the contribution of members,the composition of members and the particularity of voting rules.And on the premise of comparing the revocable resolutions of the rural collective economic organization legal person with those of the company and the owners’ congress,it concludes that the revocable reasons of the members’ congress include not only the defects in the procedure of convening,convening,voting and publicizing,but also the cases that the content of the resolution is against the provisions of the articles of association.In terms of the litigation period of the revocation procedure,it should first make clear that the revocation right of the General Assembly belongs to the litigation in nature,and the relevant provisions of the repulsion period should be applied.Secondly,based on the special nature of the resolution of the General Assembly of Rural Collective Economic Members,it should be applied to the shortest one year and the longest five years.The court should give full play to its initiative,and should not indulge the autonomy of the assembly of members excessively.Specifically,the court should adopt the household registration + the relationship between rights and obligations + the standard of living security to conduct the investigation.Clarifying the causes and procedures of revocable resolutions of rural collective economic organizations is conducive to collective members exercising the revocation right to revoke the flawed resolutions of the members’ assembly.