Research On The Nature Of Rural Collective Economic Organizations

Rural collective economic organization is one of the most important organizational forms in rural areas of China.In the period of the general principles of civil law,the status of the civil subject of rural collective economic organizations is not clear,whether it is an unincorporated organization or a legal person,there is an argument.The general rule of civil law gives it the status of "special legal person",and the legal attribute of rural collective economic organization is confirmed.But the general principles of civil law did not make any further provision for what the "special legal person" was.The author thinks it should be "special" profit legal person.The reality of the rural collective economic organization has the appearance of the profit-making legal person,which is in line with the essence of the profit-making legal person.Moreover,the relationship between the profit-making and non-profit legal entities of the general principles of civil law is not an either one,and the identity of "special" profit-making legal person can make the classification system of binary legal person more scientific.Its own social nature,security,and the particularity of its membership have made it "special" to the ordinary profit-making legal person.This paper is divided into three parts.Used by the first part,mainly discuss in this paper,the definition of the rural collective economic organizations,the concept and characteristics,and the academic point of view,thus it is concluded that the meaning of the rural collective economic organizations,characteristics,to explore the present reality of concrete,looking forward.The second part mainly discussed during the period of the "general principles of the civil law" about some problems of the rural collective economic organizations,namely the rural collective economic organization identity ambiguity and trouble,and further to the causes of these problems is the way to solve the problem for analysis.The third part,on the civil law general principles,the new problem,namely the nature of the rural collective economic organizations of problem,combing through the deconstruction functions and characteristics of the rural collective economic organization,it is concluded that it is special for-profit legal person property organization.It also provides a solution to the new problems of the general principles of civil law,which is to speed up the legislation of the rural collective economic organization law.