农地“三权分置”视域下农村集体经济组织法人制度的完善

System Perfection on the Legal Persons of Rural Collective Economic Organization in the Perspective of Three Rights Segregation of Rural Land

党的十八届三中全会以来,农地"三权分置"改革成为我国农村土地法律制度改革中最引人关注的内容。党和国家出台了一系列政策、文件对"三权分置"的相关问题进行部署,其中对集体土地所有权的落实问题尤为重视。在《民法总则》明确将农村集体经济组织规定为特别法人的前提下,我们应当对其法人组织形式、内部构造和治理模式、成员资格确认方式、成员股权的取得与变更等问题进行探讨,以期在法律上完善农村集体经济组织法人制度,使得集体土地所有权能够成为"看得见、摸得着"的权利。

Since the 3rd Plenary Session of the 18th CPC Central Committee,the reform of separating rural land ownership from contracted management right has become the most concerned subject in the reform of rural land legal system.A series of polices and documents have been released regarding related matters,among which the implementation of collective land ownership has been attached great importance.Rural collective economic organization being the special legal person has been explicitly written in the General Provisions of the Civil Law,on which premise,what shall be discussed here will be focused on such matters as the organization forms of legal persons,inner structure and managing mode,membership verification methods,the acquirement and change of membership equity.The research here aims at improving the legal persons system of rural collective economic organization to make the collective ownership become a true visible and tangible right.