法定代表行使关系:农民集体与农村集体经济组织关系厘定

Determining the Relationship between Farmer Collective and Rural Collective Economic Organization:Analysis based on Historical Development,Legal Norms and Purposes of Value

农民集体与农村集体经济组织的关系是农村产权改革实践中必须面对的主体组织制度问题。基于沿革、规范、价值三重维度观察,二者之间应是法定代表行使关系。从历史沿革来看,两个主体紧密联系,但不具有同一性;从现行法律规范来看,始终围绕集体所有权与成员权建构二者之间的法定代表行使关系;从农村产权制度改革实践的价值归向来看,认定二者法定代表行使关系有利于巩固社会主义公有制,落实集体所有权,实现成员权。法定代表行使关系是促进农民集体所有制与市场经济有机融合的制度安排,对于农村产权制度治理能力与治理体系现代化具有重要意义。

The relationship between farmer collective and rural collective economic organizations is a subject organizational system issue that we must face in the practice of rural property rights reform.Based on the triple dimensions of history,norms and values,the relationship between the two should be the legal representative exercising the rights.In terms of history,the two subjects are closely related but not homogeneous;in terms of current legal norms,the legal representative exercising relationship between the two is always constructed around collective ownership and membership rights;in terms of value attribution in the practice of rural property rights reform,the legal representative exercising relationship between the two is considered to be conducive to consolidating social public ownership,implementing collective ownership rights and realizing membership rights.The legal representative exercising relationship is an institutional arrangement that promotes the organic integration of the collective farmer ownership system and the market economy,and is of great significance to the modernization of the governance capacity and governance system of the rural property rights system.