On the Tort Liability of Rural Collective Economic Organizations from the Perspective of Rural Revitalization
Clarifying the legal person's liability for infringement in rural collective economic organizations can help safeguard the realization of rural revitalization.Rural collective economic organizations,due to their compliance with the design principles and practical needs of civil subjects,are suitable for empowering rights,as well as possessing capacity for behavior and tort liability.Collective land ownership cannot be included in the scope of responsible property,therefore rural collective economic organizations do not have the ability to go bankrupt.For acts of duty infringement,the thinking of distinguishing between agents and representatives should be abandoned,without distinguishing between legal representatives or other enforcement personnel.Based on the consideration of balancing the interests of legal persons,personnel performing duties,and victims in rural collective economic organizations,a clear distinction should be made between external and internal relationships.In terms of external relations,the legal persons of rural collective economic organizations and the personnel performing their duties should jointly bear joint and several responsibilities towards the victims.For internal relationships,the ultimate responsibility should be determined based on the degree of fault of the personnel performing their duties.