The Institutional Construction Of The Rural Collective Economic Organization As Special Legal Person

The 99 th article of “The General Principles of Civil Law” gives the rural collective economic organizations a special legal person status,clarifies their civil subject status,and lays a solid foundation for the long-term development of rural collective economic organizations.However,the specific rules of the rural collective economic organizations are still left to other laws and administrative regulations.The existing research in the academic circle mostly focuses on a certain aspect of the rural collective economic organization,ignoring the normative logic within the legal person rules and the overall consideration of the overall system of the rural collective economic organization.Judging from the status quo of legislation on the rural collective economic organizations,there is a lack of special laws on rural collective economic organizations in our country.The existing scattered norms are also very rough and there are conflicts.The relevant systems of the rural collective economic organizations,such as the law.Connotations,functional attributes,membership systems and organizational structures are not required to respond to the law.Judging from the situation of social empirical investigation,the rural collective economic organization has unclear legal connotation,unclear legal attributes,and chaotic governance structure,and this has seriously hindered the healthy development of rural collective economic organizations.Therefore,the special rules for constructing legal persons in rural collective economic organizations need to first clarify the legal concepts and legal attributes of the rural collective economic organizations as legal persons.Judging from the legal attribute,the rural collective economic organization as legal person is not only different from for-profit legal person,but also different from non-profit legal person.It has dual attributes of for-profit and non-profit.It is different from the legal person of joint venture and joint venture,and should belong to the legal person of household registration organization.The design of special rules for legal persons in rural collective economic organizations should explore its particularity from its own development logic and its characteristics of the organization,and then design special rules.The special characteristics of rural collective economic organizations as special legal persons are mainly manifested in: First,the establishment of basic speciality is not entirely a voluntary establishment of natural persons,but a common organization of all members within a certain geographical area,similar to regional corporate legal persons in public law.Second,the purpose of the legal person is special,both for-profit and non-profit,similar to the cooperative legal person,but not identical;the third is the special property system,the rural collective economic organization legal person is based on collective ownership.In the future,when designing the specific system of rural collective economic organization legal person,it should be based on its particularity,re-construct the "multi-level subject" form of rural collective economic organization by private law principle,and allow village rural collective economic organization within the scope of township(town).Jointly set up township(town)rural collective economic organizations;and in the establishment of group rural collective economic organizations,the group of rural collective economic organizations within the village is allowed to jointly establish village rural collective economic organizations.For the prominent peasant's subjectivity,the peasant individual should be a member of the rural collective economic organization legal person,while maintaining the openness of membership,allowing those who do not have the status of the collective household registration to join the collective by making certain behaviors or fulfilling certain obligations.Economic organization legal person.In the governance structure,it is necessary to construct a legal person structure with "decentralization checks and balances" as the core and improve the income distribution mechanism of "public interest priority",and clarify that rural collective economic organizations are exempt from bankruptcy..