Reflections On The Relationship Between Village Committees And Rural Collective Economic Organizations

Rural collective economic organizations and village committees are closely related,but there are great differences.As the positioning of rural collective economic organizations is not clear,the power of collective economic organizations is often overtaken by village committees,and problems such as excessive power of village committees and the uselessness of rural collective economic organizations exist.In 2017,the "General Principles of Civil Law" was formally implemented,which clarified the status of the village committees and the special legal entities of collective economic organizations.Rural collective economic organizations and village committees were identified as different legal persons.However,many problems remain in reality.Therefore,in the specific practice,the legal relationship between them should be gradually improved.In some of the more developed regions,the organizational forms and operating modes of rural collective economic organizations have been improved,the operating model of corporate legal persons has been applied to the management of collective economic organizations,and villagers and members of collective economic organizations have been distinguished,and members of collective economic organizations have been The power is solidified and the practice works well.This paper puts forward five suggestions on the division of powers of village committees and rural collective economic organizations and the solidification of the members of collective economic organizations.The first is to formulate laws and administrative regulations for rural collective economic organizations,which are in accordance with the original laws and regulations.The second is to establish the principle of marketization of rural collective economic organizations and active collective economy,and use corporate governance model;third is to establish resource assets and operating assets.The principle of separation is to avoid the loss of land.Fourth,deepen the reform of collective ownership based on member rights to distinguish members of village committees and members of collective economic organizations in order to ease population pressure and protect collective property.Fifth,to distinguish between village committees and the collective economy.Organizing political and economic functions to avoid confusion between the two functions creates new problems.The main body of this article is divided into five parts.The first part is an overview of rural collective economic organizations and village committees,including their respective functions,nature,development history and analysis of the similarities and differences between the two;the second part of the analysis of the clear two The theoretical and practical significance of the corresponding functions;the third part introduces the development status of the village committees and the rural collective economic organizations;the fourth part is the practice at home and abroad;the last part focuses on the recommendations on improving the legal relationship between the two.