| The establishment of the special legal person status of rural collective economic organizations is of great significance to promote rural revitalization,accelerate agricultural modernization and protect the rights and interests of collective members.The " Civil Code " provides institutional possibilities for special legal persons of rural collective economic organizations in the form of basic laws,but specific rules are still lacking.The future legislation of the legal person of rural collective economic organizations should uphold the concept of building a civil and commercial legal subject that meets the needs of the development of the market economy,take the " Civil Code " as the basic basis,and take the " Rural Collective Economic Organization Law " that is being actively formulated and expected to be introduced soon as the core support system.A " rural collective economic organization law " adapted to China ’s national conditions can not only establish a scientific and efficient corporate governance system for rural collective economic organizations,but also provide legislative support for the implementation of China ’s special corporate system,which is of great benefit to comprehensively promote rural revitalization and efficient development of rural economy.This paper is divided into five parts,focusing on the system construction under the special recognition of the special legal person of the rural collective economic organization.The first part is the introduction.This part defines the research background and significance of this topic,carries out a research review,and puts forward the research key and main innovation of the topic.The second part is the cognitive basis of the special legal person of rural collective economic organizations.This part is the logical starting point of this paper.It determines its connotation from the perspective of the historical changes of rural collective economic organizations,clarifies its legal attributes as a special legal person and the positioning of ’incomplete ’ market entities,and examines the theoretical sources and realistic necessity of its special legal personization.The third part is the special understanding of the legal person of rural collective economic organizations.This part analyzes from three perspectives : the establishment of legal persons,the members of legal persons and the governance of legal persons.It reveals that the legal persons of rural collective economic organizations show their unique characteristics while having the general commonalities of legal persons,and provides a theoretical basis for the construction of special legal person system of rural collective economic organizations.The fourth part is the construction concept of the special legal person system of rural collective economic organizations.This part summarizes the unique characteristics of rural collective economic organizations from the aspects of establishment,management,operation and members,and puts forward three system construction concepts : the integration of special and general,the combination of compulsory and autonomy,and the coordination of democracy and efficiency.It provides an indispensable construction guide for the special legal person system of rural collective economic organizations.The fifth part is the focus of the construction of special legal persons in rural collective economic organizations.This part sorts out the key issues of the construction of the special legal person system of rural collective economic organizations,starting from the four most special places of the external management system,legal person property system,member rights system and charter governance mechanism of rural collective economic organizations. |
