| On December 26 th,2016,the Central Committee of the Communist Party of China and the State Council issued Opinions on Steadily Promoting the Reform of Rural Collective Property Rights System(this article referred to as Opinions on Property Rights Reform),pointing out that "rural collective economic organizations are the main body of collective asset management",emphasizing the basic principle of "defining the market dominant position of rural collective economic organizations",and proposing the reform path of "improving the governance mechanism of rural collective economic organizations after reform".The Civil Code stipulates that rural collective economic organizations can obtain special legal person status according to law,which puts forward new requirements for the governance of rural collective economic organizations.It is of great significance to solve the legal problems of the internal governance of rural collective economic organizations and build an internal governance mechanism that meets the requirements of legal persons and adapts to the particularity of rural collective economic organizations,so as to standardize the governance of rural collective Economic legal,safeguard the rights and interests of rural collective economic members,and develop and strengthen rural collective economy.Starting from the practice of internal governance of rural collective economic organizations in T county,this paper sorts out the present situation and existing problems of internal governance of rural collective economic organizations,compares and analyzes rural collective economic organizations with companies,farmers’ professional cooperatives and other legal persons,puts forward the mode that should be adopted in internal governance of rural collective economic organizations,and puts forward countermeasures and suggestions to solve the problems.The text is divided into six chapters.The first chapter is about the current situation and problems of the internal governance of rural collective economic organizations in T county,including the identification of members and the protection of their rights,the internal governance structure of rural collective economic organizations and the analysis of the governance mechanism of rural collective economic organizations.Chapter two,the particularity of legal person in rural collective economic organizations and the choice of internal governance mode.The particularity of legal person in rural collective economic organizations includes the particularity of legal person’s property,the organizational attachment of legal person establishment and the complex purpose of legal person establishment.The choice of internal governance mode of rural collective economic organizations includes the consideration factors of internal governance mode,the introduction of two main internal governance modes,and the proper choice of internal governance mode.The third,fourth,fifth and sixth chapters can be used as a part,respectively,to propose the construction of an autonomous system with the corporate charter as the core,to give full play to the role of the corporate charter,to respect and give full play to the particularity of the corporate charter,and to reasonably define the actual effect of the corporate charter in judicial practice;Improve the protection mechanism of members’ rights in rural collective economic organizations,clarify the subject and standard of members’ identification,insist on maintaining the substantive rights and procedural rights of members together,and learn from the effective system of protecting shareholders’ rights of companies to improve the legal arrangement of judicial relief of members’ rights.Rural collective economic organizations need to reconstruct the governance structure of the joint-stock cooperative system,solve the inequality in voting rights according to local conditions,build independent executive bodies and allocate internal and external supervision forces according to the mechanism of "authority-executive bodies-supervisory bodies".Standardize the power of major decision-making,improve the incentive mechanism and participation mechanism for implementation,strengthen internal supervision,improve the financial management system,make rational use of external intervention,and improve the internalized benefits of external governance.The forms of rural collective economic organizations are diverse,and the pattern of internal governance cannot be the same.It is necessary to seek truth from facts in practice,fully respect the dominant position of legal person autonomy of rural collective economic organizations,give play to the subjective initiative of members,and promote the healthy development of rural collective economic organizations in the revitalization of villages and towns. |
