Research On The Legal Person Governance Of Rural Collective Economic Organization

Based on the reform of rural collective property right system and the proposal of Rural Revitalization Strategy and established on the affirmation of the "special legal person" status of rural collective economic organizations in the civil code,this paper discusses the effective governance measures of rural collective economic organizations.The specific contents are carried out from four parts:The first part mainly discusses the background and significance of the construction of the legal person system of rural collective economic organizations and combs the existing research results on this issue at home and abroad.In theory,in the process of discussing the governance of rural collective economic organizations as legal persons,the scope of rural collective economic organizations can be clarified,the special attributes of rural collective economic organizations as legal persons can be separated.In terms of specific applications,a new type of corporate governance framework has been established,within which specific measures have been proposed for problems that have emerged or may arise in governance and thus to form a complete governance system.The article in the second part defines a rural collective economic organization as a legal person within the scope of the same administrative village,which has obtained legal personality according to law,and all shareholders are composed of members of the administrative village.Members use operating assets to form legal person properties ang they have civil rights and civil capacity for collective organization internal management,public welfare and external part of the profit-making functions.A legal person organization that independently enjoys civil rights and undertakes civil obligations in accordance with the law.And from the traditional legal person theory classification to find the type of legal person that fits with it,pointing out that rural collective economic organizations have the fundamental attributes of private legal person,corporate legal person,and collective legal person,It has the characteristics of both a public interest legal person and a forprofit legal person,distinguishes its essential difference from other legal entities listed in the "Civil Code" and provides a more accurate theoretical basis for its governance.The third part mainly discusses the current situation and dilemma of the governance of rural collective economic organizations.At present,China has straightened out the governance system according to the existing legal norms of rural collective economic organizations.In the process of sorting out,it is found that China’s legal norms on this issue are usually spread out or scattered among various legal norms on a specific issue.They are scattered and fragmented.There is an urgent need to establish a unified "Law on Rural Collective Economic Organizations." The law is in the process of drafting.Then,through the research on the governance model of existing collective economic organizations in China,we found that the current rural collective economic organization corporate governance has problems such as lack of system supply,not yet formed a mature and effective governance model,and imperfect corporate governance mechanism.In view of the above problems,the fourth part of the article proposes to establish a dual governance structure of rural collective economic organizations as legal persons.Firstly,it is determined to adopt a governance model between joint-stock cooperation system and corporatization,and then sort out the rights,responsibilities and interests of power organs,executive organs and supervisory organs,cooperate with incentive and supervision mechanisms to ensure that organizations play a better role.In terms of external governance,combined with the "stakeholder governance" theory and Eleanor Ostrom’s public affairs governance theory,it is suggested to establish a coordination mechanism between the legal person of rural collective economic organization and the village committee,government departments and other market subjects,and finally improve the ways of judicial relief to promote the construction of rural areas ruled by law.