Review on Practical Forms of Legal Person in New-type Rural Collective Economic Organizations

Innovating the practical models for new-type rural collective economic organizations is not only an inherent requirement for promoting their development and growth, but also an essential pathway to deepening the reform of the rural collective property rights system. The Rural Collective Economic Organization Law requires rural collective economic organizations to uniformly include the designation "Collective Economic Organization" in their names. However, this requirement does not adequately account for the diversity of legal entity forms in local practice, which mainly include cooperative corporations, corporate entities, and joint-stock cooperative corporations. As an "intermediate legal person", the new-type rural collective economic organizations possess distinctive attributes, including continuity of existence, stringent establishment requirements, and restrictions on membership changes. Guided by the principle of proportionality, the joint-stock cooperative corporations not only aligns with the interdependent coexistence of the collective and the individual in new-type rural collective economies, but also balances the needs for both economic development and the stability of the collective public ownership system. Therefore, it should be recognized as the primary form for these organizations, while a certain degree of autonomy should be granted to them.