| With the development of China's economy in recent years,the rural economy,as an indispensable part of economic development,has been attached more importance to by the Communist Party of China and the Chinese government.As an important organizational form,rural collective economic organization has played a crucial role in developing rural economy in China.However,due to the deficiency of relevant legal provisions,rural collective economic organizations have been in a dilemma of the lack of market position all the time.With an increasing calling for the legislation of rural collective economic organizations,it's a vital prerequisite to improve the rules and regulations to better realize its development.The 2017 “General Principles of Civil Law” clarifies the identity of the special legal person of the rural collective economic organization,which is of great significance to its development.However,the clauses are inadequate in that no clarifications on its organizational form and relevant rules and regulations were given specifically.As the highest powerful machine,the membership assembly is the most important part of rural collective economic organizations,responsible for its declaration of will by forming resolutions.The institutional construction of the membership assembly serves as the key part of the legislation of the organic law of the rural collective economic organizations,as well as an essential prerequisite for developing its organizations.While most of the existing researches on rural collective economic organizations are focused on the issues including the nature of the body,membership and asset management,there are less attention being paid to the entity problems,such as,the system of membership assembly and the voting and decision-making procedures inside the organizations.In addition,with only being referred to in the local regulations in some province and cities,the inadequacy of the current laws and regulations on the system of membership assembly as the special legal person should not be ignored in discussing rural collective economic organizations.With the progress of the legislation of the organic law of the rural collective economic organizations,it is imperative to establish the system of the membership assembly.However,by sorting out the relevant clauses in local regulations,the inconsistencies in the name,constitution,function and power and the procedures of convening and voting of the membership assembly can be easily found in the current laws and regulations,as well as the lack of comprehensiveness and clear clarifications of the specific regulations.The establishment of the membership assembly system is an important part to promote the legislation of the organic law of the rural collective economic organizations.The absence of a complete and specific membership assembly system is not conducive for rural collective economic organizations to make decisions effectively,and meet the needs of market smoothly as a civil subject,either.Therefore,after sorting out and analyzing the status quo of the membership assembly system of rural collective economic organizations in local regulations,the author holds the opinion that the membership assembly system should be constructed in several respects including unifying the standards of subject identification,clarifying its powers and regulations,supplementing its convening and voting procedure based on the distinction between internal members and external members,in order to better realize the decision-making function of the rural collective economic organizations,and to promote the establishment and improvement of its system,as well.Accelerating the establishment of the membership assembly system is not only beneficial to the development and improvement of the rural collective economic organizations,but also to the promotion of the legislation of the organic law of the rural collective economic organizations to make up for the deficiencies of the current relevant legal system. |
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