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.
Highlights
IntroductionThe exploration of local legislation on the governance of rural collec-
There is a lack of national-level legislation on the specific governance content of rural collective economic organizations
Local normative documents are limited by the lower level of legislation, and different regions have different provisions on the governance content of rural collective economic organizations, so a high-level legislation is still needed to carry out special regulations on the governance content of rural collective economic organizations
Summary
The exploration of local legislation on the governance of rural collec-. Many areas, represented by Heilongjiang Province and Guangdong Province, have explored the regulations, governance structure and asset management of rural collective economic organizations through the formulation of “Measures for the Organization and Management of Rural Collective Economic Organizations” and “Regulations on the Management of Rural Collective Assets”. The General Provisions of the Civil Law of the People’s Republic of China at the level of national legislation stipulates that rural collective economic organizations are established according to law and have the status of special legal persons, it lacks detailed provisions on the specific content of rural collective economic organizations. It is necessary to explore the governance problems of rural collective economic organizations, so as to find specific solutions
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