关键词: 农村集体经济组织, 村民委员会, 农村两类组织, 村民自治

Abstract: How to handle the relationship between rural autonomous organizations and collective economic organizations is a fundamental issue that must be faced in the implementation process of The Law on Rural Collective Economic Organizations.The current laws have made corresponding provisions on the nature,functions,management and operation rules of the “two types of rural organizations”.The Law on Rural Collective Economic Organizations can only be implemented within the framework of the current legal system,and the handling of the relationship between the two types of organizations must comprehensively consider the relevant provisions of current legislation.To ensure the smooth and accurate implementation of The Law on Rural Collective Economic Organizations,it is necessary to deal the potential issus such as overlapping member identities,autonomous organizations substituting collective economic organizations to exercise their functions,and overlapping functions of the two type of organizations under the current legislative framework.Starting from the basic concept of rural grassroots social autonomy,respectively based on the basic understanding of “social and economic integration” and “social and economic separation” to handle these questions.In dealing with cross member issues,the principle of differentiation should be followed to identify the different identities of members in two types of organizations,and to confirm the rights and obligations of members according to their organizational affiliation.In dealing with the issue of autonomous organizations substituting collective economic organizations to exercise their functions,it is necessary to accurately understand the functions of agency,and according to the basic understanding of “social and economic integration”,and on the principle of separation of procedures and entities to clarify the basis for autonomous organizations substitute action;according to the new provisions of The Law on Rural Collective Economic Organizations to clarify the content that should be referred to;accordaning to the provisions of The Law on Rural Collective Economic Organizations to establish the scope of reference for handling matters.In the handling of cross functional issues between two types of organizations,the basic relationship between the two types of organizations should be clarified based on the fundamental understanding of “social and economic separation”;based on the nature of rural collective economic organizations,We shoald define the division of economic functions between two types of organizations;based on the basic classification and utilization value of collective property,We shoald define collective property managed by two types of organizations,distinguish two types of organizations and apply their respective profit distribution rules;and according to historical traditions,and properly handle the relevant affairs of the termination of rural collective economic organizations.

Key words: rural collective economic organizations, villagers’ committees, two types of rural organizations, villagers’ autonomy