中国农村集体经济组织法人的理论逻辑与制度设计

Abstract

Rural collective economic organization is a special economic organization established on the basis of land collective ownership and is a rural economic entity with Chinese characteristics. With the implementation of rural revitalization strategy and rural collective property rights joint-stock system reform, rural collective economic organizations play an increasingly important role and the number of rural collective economic organizations grow steadily, but the absence of rural collective economic organization law seriously restricts the function of rural collective economic organizations and the standardization of its operation. Rural collective economic organization is an important organizational guarantee for implementing the strategy of rural revitalization. After the legal person status of rural collective economic organizations is confirmed by the general provisions of the civil law, how to specifically design the legal person system of rural collective economic organizations is an important legal issue that needs in-depth and systematic research at present. This is conducive to improving the institutional framework of rural revitalization and strengthening the institutional supply of rural revitalization. Rural collective economic organizations are quite different from traditional civil subjects in terms of production basis, function orientation, internal governance, supervision and management. This paper analyzes the multiple characteristics of rural collective economic organizations from the perspective of economic law, elaborates on the economic motivation and legislative reasons for endowing the legal person status to rural collective economic organizations, and puts forward some legislative suggestions on the key and difficult problems in the design of the legal person system of rural collective economic organizations.