Study On The Property System Of Rurul Collective Economic Organizations

Following the jurisprudential research path of "normative analysispractical investigation-juridical analysis-legislative proposal",and using a combination of empirical analysis,comparative analysis,value analysis and other jurisprudential research methods,the study explores the problems of the property rights system of rural collective economic organizations and the ways to solve them is great significance to improve the main guarantee of deepening reform in rural areas.Based on the dual civil subject position of rural collective economic organizations in the Civil Code,rural collective economic organizations have the status of legal person’s property rights and the subject of farmers’ collective property management rights,which together form the complete property rights of rural collective economic organizations;through the analysis of the three levels of norms in the Civil Code,other legal documents and local regulations,the shortcomings of the system of property rights of rural collective economic organisations are mainly the unclear source of the property of the object and the incomplete rules of exercise due to the lack of clarity of the rights;taking into account the academic controversies and field research on the relevant issues,it can be analysed that the source of the property of rural collective economic organisations is statutory and the composition is dual,the first structure of their property is the peasant collective business assets that have been legally transformed into their legal person property through the reform of the jointstock cooperative system,and the second structure is the collective resource and non-operating assets of the peasants that are legalized as their management rights by Article 262 of the Civil Code.At the same time,there is a need to restrict the exercise of their property rights,mainly in terms of the rules on bankruptcy and the realisation of security rights;the codification of the law on rural collective economic organisations should be used as an opportunity to clarify the tangled legal relationships with peasant collectives through the construction of rules on the registration of the property rights of legal persons and the registration of the management of management property.It need to construct reasonable rules under the basic concept of private law autonomy to restrict the liability and realisation procedures of the guarantee and bankruptcy of the legal person’s property,It also clarifies the boundaries of its property management rights from two aspects and four dimensions in order to regulate the exercise of its property rights.