农村·农业·农民Issue(11)：64-70,7.
农村集体经济组织法人治理的制度创新
Institutional Innovation in the Corporate Governance of Rural Collective Economic Organizations
张登晨 1伍世发 2牛得蔚2
作者信息
- 1. 海南大学法学院,海南 海口 570208
- 2. 海南省三亚市城郊人民法院,海南 三亚 572013
- 折叠
摘要
Abstract
As a special type of legal persons established by the Civil Code of the People's Republic of China,the governance mechanism of rural collective economic organization legal persons not only breaks through the normative framework of traditional private law legal persons but also shoulders the institutional mission of collective ownership.In terms of internal governance,membership presents a tension between"identity closure"and"functional openness",power allocation integrates the"majority rule"of political theory with professional governance of economic efficiency,and income distribution takes into account both fairness priority and efficiency.In terms of external relations,it is confronted with the"separation of politics and economy"from the village committee,moderate intervention and support from state supervision,and risk isolation from market entities.In view of the particularity of the governance of rural collective economic organizations,institutional innovation should be promoted from three aspects:the flexibility of rule design,the digital innovation of governance tools,and the coordination of supporting mechanisms,to build a governance system that is both normative and adaptable.关键词
农村集体经济组织/特别法人/法人治理/成员权Key words
Rural Collective Economic Organizations/Special Legal Person/Corporate Governance/Membership Rights分类
社会科学引用本文复制引用
张登晨,伍世发,牛得蔚..农村集体经济组织法人治理的制度创新[J].农村·农业·农民,2025,(11):64-70,7.
