Legal Person Theory Of Village Committee

The establishment of the "special legal person" status of the Village Committee has a realistic inevitability,for many years,It has an immediate need for legal person status to perform the function.In the context of promoting rural revitalization,as a grass-roots mass self-governance organization,its legal personality is also a response to the policy.Therefore,It was established as one of the special legal persons by the Civil Code based on the functionalist legislative approach.The legal person system is only provided for in Article 101 of the Civil Code,which is in demand for systematic examination.The beginning of the study is to examine the existing theoretical confusion of the unclear characterization,features and mixed functions of it,and to summarize the main problems in practice,namely its misalignment with rural collective economic organizations,its widespread overstepping of authority,its lack of supervision and recovery mechanisms.In this way,we confront the criticism of the theory of it,in order to make the system really overcome,and fully activate the institutional resources of it.To define it to lay the foundation of its theory.It is characterized by the restricted nature of its independent personality,the joint nature of the group,the legal nature of its establishment and operation,the autonomous nature of the exercise of its rights(powers),the dual nature of its legal status,and the quasi-public nature of its purpose and function.It’s necessary to clarify the attributes of it as a public legal person to regulate the freedom of its subjects and the specific structure of its system.It’s a public legal person with Chinese characteristics.In practice,there are two kinds of village collective economic organization.One type is no name and no reality,the other one exists only in name.The subjective relationship,property,institution and responsibility should be defined in these two cases respectively.In addition,the draft of the Organic Law of the Village Committee(Revised Draft for Public Comments)should be supplemented with provisions that it shall not invest for its own benefit,not go bankrupt,confirm the village director as its legal representative;the Scope of the property of the village collective economic organization should be clarified in the Draft Organic Law of the Rural Collective Economy,so as to better distinguish them.The governance function and contemporary value of the village committee legal person are analyzed to lay the basic direction of the interpretation of the next special chapter.The function of governance:It helps village committee to perform its functions.It helps to rationalize the relationship between the village committee legal person and other rural collective organizations.The value of it is to realize the standardization and systematization of China’s civil subject system,facilitate rural governance and fit in with villagers’ autonomy.The civil capacity of the village committee legal person is limited by its scope of purpose,In practice,the scope of civil activities of it is limited,mainly the ability to dispose of property,labor contract,tort liability,and special guardianship.The special limitation of their civil capacity mainly refers to their ability to trade,invest,guarantee,and bankruptcy should be limited.The most common and stable source of the property of village committee of all types is government funding,which must be earmarked.It is necessary to make a clear distinction between the property of the village committee and the village collective economic organization,includes establishing the rules of ownership and exercise of the property of the it.The liability of the property of the it is special,The dilemma of attributing responsibility for its property exists and should be solved by introducing a commercial insurance system,etc.Its exercise mechanism has special characteristics.It doesn’t have own internal meaning organ,the village meeting has the right to decide on the meaning of the purpose of the cause of it.It must form the meaning of concrete implementation under this premise,its supervision mechanism is externalized.The village chief should be recognized as its legal representative,and the duties include the right to perform internal duties and external representation,an accountability mechanism should be set up for him and the rules for his responsibility and recovery after the assumption.Its agency mechanism is divided into functional agency and general agency.Its internal governance mechanism and organizational structure is reflected in the setting of working committees,each of which assumes a special function.