Viewpoint... Analysis: "the People's Republic of China Rural Collective Economic Organization Law"

It not only regulates the establishment, operation, supervision and management of rural collective economic organizations, but also involves the property management, income distribution, protection of members' rights and interests and other economic activities of rural collective economy.

1. Organic law attributes:It stipulates the legal status, organizational structure, membership, organizational structure and functions of rural collective economic organizations, and provides an organizational legal basis for the establishment and operation of rural collective economic organizations.

2. Attributes of economic law:It involves the property management, income distribution, financial accounting, audit supervision and other economic activities of rural collective economic organizations, which are the contents of economic laws and regulations.

3. Policy support:It provides the state's support measures for rural collective economic organizations, such as fiscal, taxation, financial, land and other policy support.

The catalogue of the law is followed by general rules, membership, organization registration, organization, property management and income distribution, support measures, dispute resolution and legal liability, and by-laws, the main contents of which are as follows:

1. Clarify the legal status and functions of rural collective economic organizations:Including land contracting, homestead management, land resource development and utilization, collective property management, etc.

Article 99 of the Civil Code stipulates that rural collective economic organizations shall obtain legal personality in accordance with the law, while articles 6 and 10 of the Law on Collective Economic Organizations are special legal persons registered and established in the competent departments of agriculture and rural areas of the local people's governments at or above the county level.

Rural collective economic organizations exercise ownership on behalf of their members in accordance with the law and perform the following functions:

(1) Land management: contract rural land, rationally develop, utilize and protect land resources such as cultivated land, woodland and grassland, and supervise them.

(2) Homestead management: handle the application and use of rural homestead.

(3) Asset management: use collective operating construction land, operate through transfer, lease, etc.; organize and manage collective property, including collectively owned buildings, production facilities, farmland water conservancy facilities, etc.

(4) Income distribution: distribution and use of collective income, including land compensation fees when collective land is expropriated.

(5) Service provision: providing technical, information and other services for the production and operation of members.

(6) Self-government support: support and cooperate with the villagers' committee to carry out villagers' self-government under the leadership of the village party organization.

(7) Organizational construction: Establish organizational bodies in accordance with the law, including the general assembly of members, the board of directors, the board of supervisors, etc., and formulate and implement the articles of association.

(8) Financial management: Perform financial management and accounting to ensure the safety and value-added of collective property.

(9) Protection of rights and interests: to safeguard the legitimate rights and interests of rural collective economic organizations and their members, and to exercise ownership collectively on behalf of their members.

(10) Decision-making implementation: to implement the decisions of the general assembly or the representative assembly of members in accordance with the law, including the voting and daily management of major issues.

2. Definition, rights and obligations of members:It stipulates the conditions for becoming a member of a rural collective economic organization, the rights of members such as participating in decision-making, consulting financial reports, contracting land, etc., and the obligations of members.

Before the promulgation of this law, the members of rural collective economic organizations determined that there was no clear legal stipulation. It has always been the category of rural villagers' autonomy. Some are based on the household registration in the village collective organization as the standard, and some are based on the contracted land in the village collective organization. This led to disputes in the distribution of village collective property, which led to a large number of lawsuits and letters and visits. Article 11 of this law stipulates that "residents whose household registration is or has been in rural collective economic organizations and has formed a stable relationship of rights and obligations with rural collective economic organizations, and whose basic livelihood is guaranteed by land and other property collectively owned by members of rural collective economic organizations, are members of rural collective economic organizations." There are uniform standards for the identification of rural collective economic members. Article 13 stipulates that members of collective economic organizations enjoy such things as participating in decision-making, consulting financial reports, contracting land, the right to use homesteads, distributing collective income, and distributing land compensation. Article 14 stipulates the obligations of members, such as the obligations stipulated in the articles of association, the rational use and protection of collective land and other resources, and the obligations to participate in and support the production and operation of the collective economic organization.

(1) Members confirm that members of rural collective economic organizations usually refer to residents whose household registration is within the organization, form a stable relationship of rights and obligations with the organization, and use the land and other property collectively owned by the members of the organization as basic living security. The confirmation of membership is carried out by the rural collective economic organization through the member assembly, and the provisions of relevant laws and regulations need to be observed.

(2) Withdrawal of members: members may voluntarily submit a written application to withdraw from the rural collective economic organization, and negotiate with the organization to obtain appropriate compensation or retain the property rights and interests they already enjoy within a certain period of time, but they may not request the division of collective property.

(3) Members' rights: including the right to elect and be elected, to participate in the general meeting of members, to consult the financial reports of the organization, to supervise the management activities of the organization, to contract land, to apply for the right to use the homestead, to participate in the distribution of collective income, etc.

(4) Members' obligations: abide by laws and regulations and articles of association, implement organizational decisions, safeguard the legitimate rights and interests of the organization, rationally use and protect collective resources, participate in organizational management and public welfare activities, etc.

(5) Loss of membership: including death, loss of Chinese nationality, acquisition of membership in other rural collective economic organizations, and becoming a civil servant (except for civil servants under the appointment system).

(6) Protection of women's rights and interests: The law clarifies that women enjoy equal rights with men, and prohibits infringement of women's rights and interests in organizations on the grounds of their marital status.

(7) the issue of the membership of civil servants: there is no uniform provision in the law as to whether the staff of public institutions, employees of state-owned enterprises or civil servants under the appointment system lose their membership, which can be determined by local legislation or articles of association.

(8) Supervision and relief of membership confirmation: strengthen the leadership of rural grass-roots party organizations, make it clear that important matters need to be studied and discussed by township party committees, etc.; strengthen government supervision, including measures such as filing and ordering corrections; and provide for ways to remedy rights, such as mediation, arbitration or litigation.

3. Organization registration, merger, division and other matters:The conditions and procedures for the establishment of rural collective economic organizations, as well as the composition and powers of the organization have been clarified.

4. Standardize the organizational structure of rural collective economic organizations:The composition, functions and powers, rules of procedure and decision-making procedures of the member assembly, member assembly, board of directors and board of supervisors of rural collective economic organizations have been clarified, and the internal governance mechanism of rural collective economic organizations has been improved from the legal system, so as to ensure the smooth operation of rural collective economic organizations and realize democratic management and democratic decision-making.

(1) Member Assembly: The member assembly of the rural collective economic organization is the highest authority of the organization and is composed of all members with full civil capacity. The general meeting of members is responsible for formulating and amending the articles of association, electing and removing members of the board of directors and the board of supervisors, deliberating and approving major matters of the organization, etc.

(2) Council: The Council is the executive body of the rural collective economic organization. It is generally composed of 3 to 7 members, with a chairman and a deputy chairman. The Council is responsible for implementing the resolutions of the General Assembly, managing the day-to-day affairs of the organization, drafting relevant programmes and reports, etc.

(3) Board of Supervisors: The Board of Supervisors is an internal supervisory body, responsible for supervising the implementation of the resolutions of the general meeting of members of the board of directors, and inspecting the operation and management and financial status of collective property. The Supervisory Board may consist of one to two supervisors, and organizations with fewer members may have only executive supervisors.

(4) Member Congress: For rural collective economic organizations with a large number of members, a member congress may be established. The number of representatives should be more than 20, and there should be an appropriate number of women representatives. The Members' Congress exercises part of the functions and powers of the Members' Congress.

(5) Legal representative: As the legal representative of the rural collective economic organization, the chairman is responsible for signing contracts and handling relevant legal affairs on behalf of the organization.

(6) Articles of association of economic organizations: rural collective economic organizations must have articles of association in accordance with the law, which should specify the name of the organization, legal representative, domicile, scope of property, rules for the confirmation of members, and the establishment of the organization.

5. Property management and distribution of proceeds:The scope, mode of operation, principles and procedures for the distribution of income of collective property are stipulated. Determined the principle of managing collective resource property, operating property, and non-operating property in accordance with the law, determined the principle and order of collective income distribution, and clarified that the income rights of collective operating property can be quantified to members as participation in collective income The basic basis for distribution is also a way for rural collective economic organizations to develop a new type of rural collective economy, the establishment of financial accounting, financial disclosure, financial reporting system and audit supervision are provided.

(1) Property management and management: Rural collective economic organizations should strengthen the management of collective property and establish various systems including inventory, custody, use, disposal, disclosure, etc., in order to promote the preservation and appreciation of collective property. Property mainly includes land, buildings, production facilities, funds, investment rights and intangible assets.

(2) Financial management: financial management and accounting in accordance with the financial accounting system prescribed by the State, the establishment of accounting institutions or accounting personnel, and the implementation of financial disclosure to ensure the transparency of financial activities.

(3) Income distribution: The income distribution of collective economic organizations shall follow the provisions of laws and regulations and the articles of association, and after the necessary public welfare funds are withdrawn, the remaining income shall be distributed according to the share of the collective property income rights of the members.

(4) Audit supervision: Rural collective economic organizations shall accept audit supervision in accordance with the law, including regular audits and special audits, to ensure the authenticity, legality and efficiency of financial activities.

(5) Membership rights: Members have the right to participate in the distribution of proceeds, as well as the right to know and supervise the financial situation of the organization.

(6) Decision-making by the general meeting of members: major financial matters and income distribution plans shall be submitted to the general meeting of members for deliberation and decision, and democratic management and supervision shall be implemented.

(7) Prohibition of behavior of relevant personnel: members of the board of directors, members of the board of supervisors or supervisors, and main management personnel are explicitly prohibited from embezzling, misappropriating collective property or providing guarantees for personal debts with collective property.

6. Support measures:The State supports the development of rural collective economic organizations through fiscal, taxation, financial, land and talent measures.

(1) Financial support. The people's governments at or above the county level shall reasonably arrange funds to support the development of rural collective economic organizations, give priority to the appropriate projects to be undertaken by qualified rural collective economic organizations, and give priority to rural collective economic organizations in underdeveloped areas, old revolutionary base areas, ethnic minority areas and border areas.

(2) Tax incentives: While rural collective economic organizations fulfill their tax obligations in accordance with the law, they also enjoy tax incentives prescribed by the state.

(3) Financial services: The State encourages policy-oriented financial institutions and commercial financial institutions to provide multi-channel financial support and diversified financial services to rural collective economic organizations, including collective operating property equity pledge loans, financing guarantee services and insurance services.

(4) Land use: When preparing village plans, the township people's government should reasonably arrange the construction land needed for collective economic development to protect the legitimate rights and interests of rural collective economic organizations and related rights holders.

(5) Talent training and incentives: County-level people's governments, township people's governments, and sub-district offices should strengthen the construction of the management team of rural collective economic organizations, formulate talent training plans, and improve the incentive mechanism.

(6) Support for public facilities: People's governments at all levels should provide support for rural collective economic organizations in water, electricity, gas, networks, transportation and other public facilities.

7. Dispute Resolution and Legal Liability:It provides a way to resolve disputes over membership confirmation, internal management disputes, and legal liability for illegal acts.

Villagers' committees and rural collective economic organizations will support and cooperate with each other in actual operation to jointly promote rural economic development and social affairs management. Both belong to special legal persons. They play their respective roles in guaranteeing rural grass-roots governance and economic development, and have the following relationships:

(1) Different functional positioning: The "Rural Collective Economic Organization Law" mainly regulates the operation and management of rural collective economic organizations, including their property management and income distribution, and safeguarding the legitimate rights and interests of rural collective economic organizations and their members. The Organic Law of Villagers' Committees is designed to guarantee that rural villagers practice self-government, develop grass-roots democracy, safeguard the legitimate rights and interests of villagers, and promote the construction of a new socialist countryside.

(2) Organizational structure: The rural collective economic organization is a regional economic organization based on collective land ownership, based on household contract management, and a two-tier management system. It establishes a board of directors and a board of supervisors based on the decision of its member assembly. Organization. The villagers' committee is directly elected by the villagers and is responsible for the management of public affairs and public welfare undertakings in the village, such as mediating civil disputes and assisting in maintaining public order. It is a grass-roots mass autonomous organization for villagers' self-management, self-education and self-service.

(3) Mutual support and cooperation: Item (X) of Article 5 of the Rural Collective Economic Organization Law stipulates that rural collective economic organizations shall support and cooperate with villagers' committees in carrying out villagers' autonomy under the leadership of village party organizations. Article 101 of the Civil Code and Article 64 of the Rural Collective Economic Organization Law stipulate that if a rural collective economic organization is not established, the villagers' committee may perform the functions of the rural collective economic organization in accordance with the law.