TITLE:
The Governance Dilemma and Direction of Rural Collective Economic Organization Legal Person
AUTHORS:
Zhenjun Tang
KEYWORDS:
Rural Collective Economic Organization, Special Legal Person, Separation of Government and Economy, Governance
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.8 No.12,
December
30,
2020
ABSTRACT: The promulgation of theGeneral Provisions of the Civil Law of the People’s Republic of China officially established the status of rural collective economic
organizations as special legal persons, and the Civil
Code of the People’s Republic of China adopted on May 28, 2020 also affirmed the status of rural collective
economic organizations as legal persons. At present, there is a lack of
national-level legislation on the specific governance content of rural
collective economic organizations. Most local regulations directly stipulate
the governance issues of rural collective economic organizations, resulting in
formalism in the content of regulations and inconsistent governance structure
of rural collective economic organizations in the process of governance.
Improve and “separate politics from economics” difficult issues. In this
regard, it is necessary to combine the particularity of collective economic
organizations, pay attention to the procedural matters and content of the
formulation of the charter, establish a “three-tier” governance structure model
for internal and external supervision, and achieve “politics” by separating the
functions and personnel of rural collective economic organizations and village
committees. After separation, the direction of governance will be clarified,
and the governance problems of rural collective economic organizations as legal
persons will be solved.