Construction of Legislation on the Mechanism of Corporate Governance of Rural Collective Economic Organizations——Centered on Membership Rights
The peasant collective as the owner of collective means of production is generally recognized in our legal system.However,the introduction of membership rights within the triadic framework of"peasant collectives-rural collective economic organisations-collective members"is necessary because of the ambiguity of the concept of peasant collectives and the tension between peasant collectives and collective economic organisations.Based on the premise that the right to membership is the basis and core of the governance mechanism of collective economic organisations,it is necessary to reflect the equality of the right to membership in the governance mechanism of legal persons,to create a situation where"rights restrain power"in the internal governance mechanism,and to respect the space for the right to autonomy in the external governance mechanism.National legislation on collective economic organisations should adhere to the rights normative model of legislation,and be subject to the examination and revision of legislative thinking centred on members'rights,while increasing the strength of government support,innovating the ways of government support,and establishing a supervision mechanism with internal supervision as the main focus and external supervision as a supplement.Constructing on the basis of members'rights requires legislative construction of the governance mechanism of collective economic organisations with a legislative mindset higher than structuralism,concentrating on the mechanisms of participation arrangement,democratic decision-making,democratic supervision and benefit distribution.
rural collective economic organizationspeasants'collectivescorporate governance mechanismsmembership rights
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