|
|
|
| The Legal Limitations and Implementation Approaches for the Non-Economic Functions of the Rural Collective Economic Organizations |
| Yang Qinggui |
| (China Research Center for Agro-Economy Related Laws and Innovations，Southwest University of Political Science and Law， Chongqing 401120) |
|
|
|
|
Abstract The economic functions is the primary functions of rural collective economic organizations. Non-economic functions should be strictly restricted to better fulfill the organizations' core roles and functional orientations. The theoretical approach to strictly limiting the non-economic functions of the rural collective economic organizations is to strictly narrow the scope of functions by rigorously defining the targeted public interests as legal interests， ground functional design in laws and administrative regulations， and lock the non-economic function scope through legal interest objectives. The analysis results show that， combined with the practice inertia of village-level rural collective economic organizations or villagers' committees acting on behalf of village and group-level collective affairs， it is appropriate to adopt the agency theory to make village-level rural collective economic organizations the main body of non-economic functions of village-level and group-level rural collective economic organizations， and prohibit the separation of non-economic functions to villagers' self-government organizations. In accordance with the implementation approach of differentiation， the general non-economic functions should be performed through collaboration between the village-level rural collective economic organizations and the villagers' committees， and incorporated into the governance framework under the leadership of the Party organization. The village-level rural collective economic organizations should， in accordance with the positioning of collective regulatory authority and the principle of restraint， adopt the regulatory measures that are mainly based on incentive regulation or indirect regulation， supplemented by compulsory regulation or direct regulation， and perform special non-economic functions according to law.
|
|
Received: 25 July 2025
|
|
|
|
|
|
|
2025, Vol. 64 
