Study On The Structure Of Corporate Governance Of Rural Collective Economic Organizations

The rural collective economic organization has experienced the germination from the mutual aid group to the primary society,the senior society has begun to form,then to the people’s commune,the double-level management system each stage.Because of the virtual status of rural collective economic organization,it has not been able to play its "unified" function.Since 1990,China has begun to explore new forms of organization of rural collective economic organizations,forming enterprise system and corporate system.However,most rural forms of organization have not been updated and developed.At present,the Party Central Committee gives priority to the strategic goal of developing agricultural rural and rural revitalization,and puts forward the establishment of a new type of urban-rural relationship between workers and peasants and the promotion of the integration of the first,second and third industries,which requires the reactivation of the functions of rural collective economic organizations,the exertion of the functions of "unification" and the addition of strength to the development of rural economy.Since the introduction of the General principles of Civil Law in 2017,the special legal person status of rural collective economic organizations has been given.Although our country has issued the model constitution of rural collective economic organization(trial),because of the lack of organic law,the corporate governance structure in the model constitution is unreasonable,so the development of rural collective economic organization is not optimistic.Since 2019,some places in China have carried out village investment company pilot,and has achieved success.Because of the different village conditions,the cooperation system,the share cooperation system,the enterprise system and the village investment company system should all become the organization form of the rural collective economic organization.However,the model articles of association only stipulate the corporate governance structure in the form of cooperation system and share cooperation system,and do not cover and stipulate the two organizational forms of enterprise system and village investment company system.In addition,there are defects in the system design of the corporate governance structure of the cooperation system and the share cooperation system stipulated in the model articles of association.The corporate governance structure stipulated in the Regulations on Rural Collective Ownership Enterprises and the Company Law is also not suitable for rural collective ownership enterprises and village investment companies to play their functions as special legal persons.This needs to explore the corporate governance structure of rural collective economic organizations in various forms from the aspects of equity structure,organization,right allocation,and the relationship between institutions.After analysis and argumentation,we should perfect the corporate governance structure of rural collective economic organizations from the aspects of issuing unified rural collective economic organization law,revising the regulations on rural collective ownership enterprises,issuing the organization law of village investment companies,and revising the model articles of association.