“村改居”背景下农村集体经济组织转型研究——基于法人地位的视角

Transformation of Rural Collective Economic Organizations under the Background of Changing Village to Residential Community—— From Perspective of Legal Person Status

"村改居"改变了农村集体经济组织发展环境及其运行特征,使得其转型成为必要。现行法律关于集体经济组织的主体资格不明确,地方法规规章进行了有意义的探索,却受到上位法等限制。在现有法律框架体系内,企业法人是集体经济组织转型的择优方向。但是,集体经济组织向企业法人转型面临集体产权、股权结构、社区公共投入等制度性障碍。为确保集体经济组织顺利转型,需要从完善社区公共投入、社会保障一体化等方面着手。

It changes the development environment and operation features of rural collective economic organizations by changing the vil-lage to residential community, which makes it necessary for them to make transformations. Existing laws are not clear in defining the sub-ject qualification of collective economic organizations. Though local laws and regulations have made meaningful exploration, they are subject to restrictions of higher-level laws. Within the existing legal framework, business entity is a preferred orientation for the transformation of collective economic organizations. However, collective economic organizations face institutional barriers such as collective ownership, owner-ship structure, and community public investment during their transformation toward business entities. To ensure the smooth transformation of collective economic organizations, it is required to improve community public investment and achieve integrate social safeguard system.