On The Corporatization Issues Of The Rural Collective Economic Organizations

In recent years, China’s rural collective property institution has become all quarter’s attention the focal point. And under the central policy direction, there are some important reform pilots in stock- cooperating system of countryside and rural collective assets privatization, which has made plenty of success. The author notes, a large number of scholars has neglected an issue that rural collective economic organization itself ought to be incorporated to get independent juridical person status, when they did some research about reforming and perfecting of rural economy property right system. Rural collective economic organization is an essential organization of arranging rural collective economic and rural economy property rights system also cannot separate from it. Only by firming its legal position and finishing its corporate transformation, can we solve the problems that rural collective assets property ownership is not clear and the rights and responsibilities are unclear.This paper is divided into four main sections, and explains the corporatization issues of the rural collective economic organizations.The first part of the paper discusses the history and plight of the rural collective economic organizations, and points out that corporate transformation is the only way.The second part of the paper points out the standard of rural collective economic organizations corporatization. And this part analyzes the reconstruction method of denying "unincorporated body" according the divergence existing, and comes up with the exact path that "corporate enterprise legal person- stock cooperative enterprises."The third part comes up with the model of rural collective economic organization corporatization in our country. Firstly, through the practice of socialism and capitalism, we have proved that the combination of labor and capital conforms to the state’s actual conditions and the adaptation to market. And then analyze the rural cooperative in terms of theory and practice. Finally, the author draws the conclusion that laborer combination and capital unite are the best choose of rural collective economic organization corporatization.The last part points out the legislation idea of rural collective economic organization corporatization. To begin with, the author analyzes the necessity and feasibility of the rural collective economic organization legislation, which helps to clear the content which need understand from terms of concepts. And then the author comes up with the legal framework of rural collective economic organization corporatization. Finally, the author points out that the content must be reflected in the important part of the law in the future.Through conceptual analysis, historical comparative method and comparative analysis, the author dose a research about rural collective economic organizations corporatization, and finally draws conclusion that, in order to adapt to the development of productive and better serve for rural development and improving the living standards of farmers contribute, our country should reform rural collective economic organizations in the way of "corporate-enterprise legal person- stock cooperative enterprises."...