河北法学2024，Vol.42Issue(6)：20-41,22.DOI:10.16494/j.cnki.1002-3933.2024.06.002
农村集体经济组织设立规范的体系化表达
The Systematic Expression of the Norm for Establishment of Rural Collective Economic Organizations
摘要
Abstract
Strengthening the systematic construction of the establishment norms of rural collective economic organizations is not only to respond to the special needs of the legal person of this organization,but also to meet the needs of the special legislation of this organization.As far as the conditions for the establishment of a legal person of a rural collective economic organization are concerned,its name should contain the words"joint-stock economic cooperative"or"economic cooperative".Its organizational structure should be composed of the general meeting of members(member representative meeting),the board of directors,and the board of supervisors.Its domicile should be the location of the organization's main office.Its property includes resource assets such as collective land,collective operating assets,and collective non-operating assets.The main procedures for the establishment of a legal person of a rural collective economic organization are as follows:assets and capital verification of collective assets → defining the identity of collective members → quantifying the conversion of collective assets into shares → formulating the articles of association →establishing an organization → approving by the township(town)people's government.From the perspective of the central policy requirements and the essential characteristics of rural collective economic organizations,rural collective economic organizations should choose two organizational forms:"stock economic cooperatives"or"economic cooperatives".The former is a new form of rural collective economic organization,while the latter is a traditional form of rural collective economic organization.The draft Law on Rural Collective Economic Organizations should provide a systematic expression on the above-mentioned issues.关键词
农村集体经济组织/设立/条件/程序/形式Key words
rural collective economic organizations/establishment/conditions/procedures/form分类
社会科学引用本文复制引用
张先贵..农村集体经济组织设立规范的体系化表达[J].河北法学,2024,42(6):20-41,22.基金项目
本文系国家社科基金重大项目"深化农村集体产权制度改革的法治保障研究"(20ZDA046)阶段性成果. （20ZDA046）
