Abstracts from Yishan County, Guangxi, since the birth of the first villagers 'committee in 1980, the villager autonomy system has been more than 30 years of development, however, the villagers' self-government organizations and rural collective economic organizations legal misalignment overlapping functions unsound legal personality and other issues, has become the bottleneck restricting grassroots democracy and economic development of rural collective how qualitative relationship between the two, to clarify their respective boundaries in the political, economic and social management and promote the rural collective economic system reform and the villagers autonomy has become the healthy development of the key.
The paper Keywords villagers autonomous organizations legal relationship of the rural collective economic organizations
First, the legal nature of the villagers' self-government organizations and functions positioning
Law on villagers 'self-government organizations, both << Constitution >> there << Organic Law of Villagers' Committees >> << General Principles of the Civil Law >>, << Agricultural Law >>, << Land Management Law >> << Property Law >>. << Constitution >> 111 provides: "urban and rural residents committees and villagers committees set up by residents living areas are grass-roots mass self-government organizations." << Organic Law of Villagers >> 2 : "The villagers 'committee is the villagers' self-management, self-education, self-service grass-roots mass self-government organizations, democratic elections, democratic decision making, democratic management and democratic supervision. village committee for managing the village's public affairs and public welfare undertakings, mediate civil disputes, to assist maintain public order, to reflect the views of the villagers to the People's Government, the requirements and recommendations by two as the most important law of villagers 'self-government organizations, the nature of the villagers' committee as a grass-roots mass self-government organizations to clear masses of villagers this organization is directly involved in the management of public affairs. << Constitution >> limited region of villagers' self-government organizations is the villagers' committee. << >> Organic Law of Villagers can not override the provisions of villagers' self-government organizations "self-management, self-education, self-service" target range, the Constitution stipulates that "the grass-roots mass self-government organizations" and clear the villagers' self-government organizations is used four exercise autonomy. << General Principles of the Civil Law >>, << Agricultural Law >> provisions: << Land Management Law >> farmers collectively owned land in accordance with the law belongs to the villagers collectively owned by the village collective economic organizations or villagers' committee, management, << Property Law >> Article 60 provides: "belongs to the village farmers collectively owned by the village collective economic organizations or villagers 'committee on behalf of the collective exercise of ownership "are listed as two of the rural collective economic organization and villagers' committees functions independent of village-level organizations. relevant laws are clear of the village committee This feature of the grass-roots mass self-government organizations, and given the terms of reference of the villagers 'self-government organizations: the requirements of the villagers' autonomous organization of public affairs and public welfare of the village can only be handled according to law, to mediate civil disputes, help maintain public order, to the People's Government reflects villagers' opinions, requirements and recommendations, to act as the public interest, the arbitrator, vigils and the role of intermediaries, both can not go beyond the boundaries of the national public authority, can not cross the barrier of the villagers private rights.
Second, the law of the nature and functions of the position of the rural collective economic organizations
Rural collective economic organizations of the concept of a legal form of the earliest << >> Section 8 of the Constitution in 1982 and 1991, the party's Plenary Session of the Thirteenth eight in turn called the rural collective economic organizations, the current < the constitution >> and other laws and regulations in the specification for the rural collective economic organization in the early 1990s, to resolve the contradictions "go" and "stay" rural urbanization, and rural collective economic organization shares cooperative reform However, to date, the connotation of the rural collective economic organizations, the nature and functions of positioning, whether it is legal or academia, yet unified, clear and specific definition, the absence of a special law, rural understanding of the collective economic organizations, mainly from the Constitution or laws and regulations, file analysis, and has four main aspects: First, the Constitution and the law has been related to the concept of the organization. << Constitution >> 8 l first paragraph: "rural collective economic organizations in the implementation of the household contract management based tier management system that combines unified and separate such as production, supply and marketing, credit and consumers in the rural economy of various forms of cooperation." the provisions of this paragraph compared with the rural land contracting practices in reality, it seems that you can come to this conclusion: the rural collective economic organizations mainly refers to the land as the basis of land collectively owned as a link farmers as members of village organizations, the village organizations are different from the villagers' committee, is also different from the various forms such as production, supply and marketing, credit and consumers in the rural cooperative economic organizations. economic organization of public ownership nature, it is based on public ownership of land is the major means of production surrounding land property rights to promote the public economy in rural areas an important manifestation of one of the forms. civil law subject qualification other social organizations, functions and authority of the views of the management rights and the right to operate on all of the assets of the organization of farmers collective. << Constitution >> 17 "... collective economic organizations practice democratic management, and to determine the operation and management of the major issues. << >> 10 of the Agricultural Law stipulates:" rural collective economic organizations shall, on the basis of household contract management the management collective assets in accordance with the law ... "General Principles of the Civil Law, and if << >> 74 provides:" The collective assets of the rural collective economic organizations including: the law is collectively owned land ... "provisions purview. coincide villagers autonomous organization, it goes beyond the purely economic organization attributes, and also assume the functions of social management and services, with the characteristics of an integrated organization. >> provisions such as in accordance with the << the constitution >> and << Village Committee Organization Law, the rural collective economic The organization with the villagers self-organization is the same agency that two brands, a set of men, whose functions overlap with the political and social unity sex.Links to free papers Download Center http://eng.hi138.com
Third, the villagers' self-government organizations and rural collective economic organizations, the legal status of analysis
(Both fuzzy concept, qualitative not allowed to practice, the village committee as the most important manifestations of the villagers' self-government organizations, assume the role equivalent to the villagers' self-government organizations, villagers' self-government is the specification of the Organic Law of Villagers that the villagers 'self-government organizations is the villagers' committee. fact, the villagers 'self-government organizations, including not only the village committee, also includes the village meetings and villagers' representative meetings. reason confuse autonomous organizations and village committees, specific legal environment, social background, the theoretical background The relative lack of performance of the result of the combined effects of other factors, but also the rural grassroots democratic practice. reposition the concept of villagers' self-government organizations, has become further sort out its duties, the rural collective economic organizations, the relationship between the premise. According to statistics, China's involving the rural collective economic organizations, laws, regulations, rules, normative legal documents of 3000, despite multiple laws and regulations involved in this legal concept, but did not clear qualitative, lack of specialized << rural collective economic organizations method >> that in a village of the existence of the rural collective economic organizations, whether in theory or law, is not clear.
(B affect the autonomy of the rural collective economic organization and management operation mechanism is not perfect the villagers autonomous organizations due to grassroots political power entrusted to enjoy a certain executive powers, but the executive power itself has invaded beneficial to the the villagers autonomous organizations often overstepped its public affairs management terms of reference and functions of the Vice-rural collective economic organizations, resulting in most of the rural collective economic organizations no independent role to play, the lack of good operational mechanism, and the lack of necessary for the normal operation of the autonomous decision-making, business management and supervision of maintenance mechanism, can not properly exercise Property Management rights and the right to operate in many parts of rural collective economic organizations is long dead situation the October .2010 << new revised Organic Law of Villagers >> While clear the village committee self-management, self-education, self-service functions, collective economic organizations should respect the autonomy of the economic activity, but on the other provisions of the village committee management, the village belongs to peasants' collective ownership of land and other property.
(The three both legal position is not clear many times in the name of the rural collective economic organizations in the Constitution, it is clear, the rural collective economic organization is a legal subjects, but the identity of the subject? Whether legal persons or other organizations? Law has not been clearly defined rural collective economic organizations, just in Hubei Province and Zhejiang Province, local laws and regulations will determine legal. rural collective economic organizations as a class legal status of the subject is no doubt about that, but, due to the law of their establishment, change termination of institutional settings and functions under the missing, leading to the legal status of the rural collective economic organizations questioned by other market players. As a result, the rural collective economic organizations can not sign contracts with other economic entities, had on behalf of villagers' self-government organizations participation in economic activities, can not apply for proof of ownership of the asset, limit its asset management capacity. developed in recent years, Guangdong, Zhejiang and other rural collective economic, carried out extensive exploration to seek their own legal status, but did not get rid of the political and social unity "business model, the legal status of the rural collective economic organizations blur of confusion, a direct impact on the implementation of the villagers autonomous function.
Fourth, clear villagers' self-government organizations and rural collective economic organization relationship thinking
(A clear respective connotations to solve the rural collective economic organizations define a wide variety of phenomena in the legislation should take into account the history of the development of the rural collective economic organizations inheritance, stock cooperative system reform practice as well as parts of the legislative experience in summarize based on rural collective economic organizations can be defined, which is established on the basis of the rural collective ownership, on behalf of the collective ownership of production units to land at the core of the administrative villages, the rural collective economic organizational carrier is side by side with the villagers' committee of economic and organizational entities. the villagers autonomous organization is not a political organization, entrusted to complete certain transactions in the name of the township government, is an administrative fiduciary relationship, not directly to the exercise of executive power. the management of village affairs, the law has been clear for public affairs and public welfare undertakings. therefore we can consider the definition of the villagers' self-government organizations, according to law related to the interests of the villagers, the village public affairs and public welfare undertakings, assisting local governments in the handling of some commissioned Affairs, villagers' self-management, self-education, self-service and self-development organizations.
(Clarify their respective duties and privileges village self-government organizations and the functions of the collective economic organization is completely different. Former rural public affairs manager, while the latter is the rural collective economic operators, both the nature and purpose are different as public affairs, the villagers' autonomous organization authorized by the villagers, its purpose is to engage in public affairs, does not have a profit, does not bear the market risk. rural collective economic organizations, it has a rural collective assets, with collective assets production and the welfare of the farmers, will carry out business activities and assume a certain degree of market risk, with the villagers' autonomous organization management and obedience affiliation should not exist. rural collective economic organizations, economic organizations, legal persons to operate entirely according to the rules of the market, its independent business model, villagers 'self-government organizations are quasi-administrative organization, its run follow the rules of politics, rural collective economic organizations as the goal of maximizing profits, villagers' self-government organizations to serve the villagers, the implementation of the policies and regulations of the party and the government target, the second by a separate organization. should therefore be to modify the provisions of Article << Organic Law of Villagers >> delete the villagers autonomous organizations have the provisions of the economic functions.
(C clear each independent legal organizations village autonomous organization of the executive authority, is the legal representative of the autonomous organization. The villagers autonomous organization legal to own their own property and funds, as well as the right to autonomy within the scope of activities in public administration, in its own property or financial debts from the funding and the proceeds of the rural collective economic activity funds. village cadres in activities on behalf of the legal person, its personality is legal absorb their behavior nominally belong to the autonomous organizations, the effect of autonomy organizations. As for what corporate the villager autonomy based on villagers' self-government organizations, to assist the administrative organization is directly involved in village affairs, in order to reduce the administrative power to reduce the intervention of collective economic organizations, reflects the "self-management, self-education, self-service "values, reflecting the value orientation of the villagers 'autonomy, in line with the trend of villagers' autonomy private law, and should therefore be given the status of the similar >> << General Principles of the Civil Law of the corporation aggregate. rural collective economic organizations in accordance with the development of the enterprise legal mode operation mechanism to perfect, improve their decision-making institutions, management institutions, as well as oversight bodies explicitly added qualifications, property lines, rights and obligations, asset quantify the operating allocation, activity arrangements run supervision and accountability, and other major issues.