April 15, a seminar on "General Provisions of Civil Law and on Collective Assets Reform" was held in Shanghai Academy. Wen Jianguo, Executive Vice President of Shanghai Academy, attended the meeting and delivered a speech. Professor Li Fengzhang from the Law School of Shanghai University presided over the meeting.
Distinguished guests, including Luo Peixin, Deputy Director of Shanghai Municipal Legislative Affairs Office, Fang Zhiquan, Director of the Laws and Regulations Division and Director of the Research Office, Shanghai Municipal Agricultural Commission, Wang Lijuan, Director of the Office of Justice, Chongming Bureau of Justice, Professor Gao Fuping from East China University of Political Science and Law, Professor Peng Chengxinfrom Shanghai Jiaotong University, Professor Wang Tiexiong and Associate Professor Zhang Xiangui from Shanghai Maritime University, Sun Jianwei, editor of Oriental Law, Associate Professor Jia Lijun from the Sydney College of Business Administration of Shanghai University, Associate Professor Chen Jinggen and lecturer Liu Ying from of Shanghai University School of Law, lecturer Liu Jingyuan from East China University of Political Science and Law, lecturer Su Ziheng from the University of Electronic Science and Technology and lawyer Mr. Liu Zhonghe from Shanghai Sunhold Law Firm were invited to attend the meeting.
Vice President Wen Xueguo gave a general introduction of Shanghai Academy in his speech, including the establishment background, operation mechanism, output mode, incentive mechanism, positioning and goals. Regarding the purpose of the seminar, he pointed out that following the adoption of the “General Provisions of Civil Law”, Shanghai is very concerned about rules and regulations concerning the legal person system and the management of rural collective assets. He hoped that those experts present at the meeting would put forward their own views and thoughts, and have in-depth discussions.
At the meeting, experts and scholars conducted lively discussions on the meaning of “members” of rural collective economic organizations, and the differences between the property of collective economic organizations and collective property, as well as on how to regulate the function of village committees when they function as rural collective economic organizations on behalf and how collective economic organizations should undertake business risks.
Luo Peixin pointed out that collective assets and assets of rural collective economic organizations are not exactly the same. In public law village committees that assume public responsibilities are defined as “a legal person”, while collectives cannot be a subject. Village committees can exercise property ownership and management rights on behalf of collective economic organizations as a legal subject. Fang Zhiquan said rural collective economic organizations are socialist economic organizations with Chinese characteristics and have the status of a special legal person. We must adopt a multiple of measures to strengthen supervision and administration over rural collective assets management. Gao Fuping believed that based on Article 99 of the "General Provisions of Civil Law", enabling rural collective economic organizations to obtain the qualification of a legal person in accordance with the law is a complete solution to the problem of how to connect the rural collective economy to the market economy. Professor Peng Chengxin held that to be a legal person, rural collective economic organizations must not only possess some substantial elements, such as initiator or founder, land or other material conditions, but also some format requirements, such as the principles of recognition. Professor Wang Tiexiong noted that ownership of rural collective land must be separated from collective economic organizations. Regarding collectives and collective economic organizations, the latter is a form of expression of the former, while the former is the subject of right of land.
Wen Xueguo put forward four questions in his concluding speech: 1) ideas on urbanization and rural development; 2) System design and marketized transaction rules; 3) Whether the assumption that farmers are irrational is true or not; 4) Farmers views on policies and rules concerning them shall be listened to, while regional differences shall be taken into account when formulating policies.
The seminar was co-sponsored by Shanghai Academy and Shanghai University School of Law. A policy consultation report will be written on the basis of the above discussions and submitted to relevant authorities in the form of Key Reference.
(By Xiang Jinmei)
