Abstract: The development of the new rural collective economy not only embodies the innovation of the realization form of rural collective ownership, but also endows the basic rural management system with new connotation.The new rural collective economy has such legal characteristics as public ownership, diversity of organizational carriers, clarity of property rights and members, scientific governance mechanism, and diversity of interest distribution.To promote the development of the new rural collective economy, we shall adhere to the bottom line of rule of law for the rural collective ownership, adhere to the goal of rule of law to safeguarding the fundamental interests of peasants, and adhere to the concept of rule of law to promoting market-oriented reform based on rule of law.In order to promote the development of the new rural collective economy at the legal system level, we shall build a subject model, property rights structure and governance system that adapt to the development of the new rural collective economy.In order to ensure that the development of the new rural collective economy is promoted within the framework of the rule of law, we shall enact the Law on the Promotion of the New Rural Collective Economy as soon as possible, by adhering to the legal thinking of rule of law and following the approach of rule of law.

Key words: New Rural Collective Economy, Legal Characteristics, Concept of Rule of Law, Approach of Rule of Law, New Rural Collective Economy Promotion Law

摘要： 发展新型农村集体经济赋予了农村基本经营制度以新的内涵,体现了农村集体所有制实现形式的创新。新型农村集体经济具有财产基础公有性、组织载体多元性、产权和成员清晰性、治理机制科学性、利益分配多元性等法律特征。促进新型农村集体经济发展,应当贯彻坚持农村集体所有制的法治底线、坚持维护农民根本利益的法治目标、坚持在法治轨道上推进市场化改革的法治理念。在法律制度层面促进新型农村集体经济发展,应当构建适应新型农村集体经济发展的主体模式、产权结构和治理体系。秉持法治思维,遵循法治路径,确保在法治框架内促进新型农村集体经济发展,尽快制定《新型农村集体经济促进法》。

关键词: 新型农村集体经济, 法律特征, 法治理念, 法治进路, 新型农村集体经济促进法