论集体经济组织治理结构的差异化构造与法治化运行

On the Differential Architecture and Legalization-Based Operation of Collective Economic Organizations’ Governance Structure

摘要: 农村集体经济组织的治理结构有异于营利性法人的治理结构，在治理层面研究解决农村集体经济组织现有问题，有利于促进《中华人民共和国农村集体经济组织法》与现实衔接。通过与营利性法人治理模式的比较分析，可以发现现有农村集体经济组织的治理结构构建中呈现出过度注重借鉴公司化的趋势，而忽视了集体经济组织的独有差异，组织本身并非具有双重法律人格，而是公法规则对私法人组织的深度渗透。为此，要矫正集体经济组织治理的差异性构建不足的困境，必须重视其不同于公司法人的特性，从回归自治章程的功能、构建其与基层组织、内外部治理的协同联动机制出发，依照法治化运行的完善路径不断修正。如此农村集体经济组织方能担当起健全乡村全面治理法治化体系的重任。

Abstract: The governance structure of rural collective economic organizations differs from that of for-profit legal entities. Studying and addressing the existing issues in collective economic organizations at the governance level will facilitate the alignment of the Rural Collective Economic Organization Law of the People’s Republic of China with practical realities. Through a comparative analysis with the governance model of for-profit legal entities, it becomes evident that the construction of the governance structure of existing rural collective economic organizations exhibits an excessive tendency to draw on corporate models, while neglecting the unique characteristics of collective economic organizations. These organizations do not possess a dual legal personality; rather, they reflect a deep penetration of public law rules into private legal entities. To remedy the deficiency in the construction of differentiated governance for collective economic organizations, it is essential to emphasize their distinct features compared to corporate legal entities. This can be achieved by restoring the function of autonomous charters, establishing mechanisms for coordinated interaction between collective economic organizations and grassroots organizations as well as internal and external governance, and continuously refining the path toward rule-of-law-based operation. Only by doing so can rural collective economic organizations assume the significant responsibility of advancing the rule of law in the comprehensive governance of rural areas.