Research On The Improvement Of Legal Person Governance Mechanism Of The Rural Collective Economic Organizations Under The Joint-stock Cooperative System

The legal status accorded by the Civil Code to rural collective economic organizations as "special legal persons" is of far-reaching significance in providing guidance for theory and practice from the legal level.Starting from the general principles of corporate governance in private law,the paper takes the particularity of legal persons of rural collective economic organizations as the main line,combines the local attempts and practices of legal person governance of rural collective economic organizations under the background of the reform system of rural joint-stock cooperative system,and systematically explains the problems and construction of the legal person governance mechanism of rural collective economic organizations.The article mainly discusses from two aspects: on the one hand,the theoretical examination clarifies the relationship between peasant collectives and rural collective economic organizations by defining the connotation and extension of rural collective economic organizations,analyzes the "particularity" of rural collective economic organizations as "special legal persons",and then mainly discusses the main types of legal person governance of rural collective economic organizations under the shareholding cooperative system;in addition,the practical examination starts from the practice of the reform of the collective property rights system in some provinces.Through the examination of the law and practice of the legal person governance mechanism of rural collective economic organizations,in the context of the reform of the shareholding cooperative system,there are problems such as closedness,internal minority control,and serious formalism of governance structure in the internal governance of collective economic organizations,and there are problems such as imperfect information disclosure system and improper supervision by relevant departments in external supervision.Finally,the path is perfect,by optimizing the operation mechanism of the internal organizational structure,improving the external governance mechanism and the relevant guarantee mechanism to provide solutions for the construction of the legal person governance mechanism of the rural collective economic organization of the joint-stock cooperative system,and at the same time,the state should enact the legislative work of rural collective economic organizations.Provide legal guarantees for the further development of rural collective economic organizations.