最近,全总下发《基层工会法人资格登记办法》(以下简称《办法》),登记工作已在各地陆续展开。大多数工会主席认为:办理基层工会法人资格登记,是为工会撑腰,在单位与外界发生经济纠纷时,工会财产可免受侵害。但在办证中,也出现了一些新情况、新问题值得引起重视。1.认识上的问题。某县的一位工会副主席在认真学习有关资料的基础上,提出这样的观点:办理工会法人资格登记证没什么必要,因为《办法》规定:基层工会领取证书后,即取得工会法人资格,其合法权益受国家法律保护。暂未进行法人资格登记的基层工会,仍依法独立开展工作,其合法权益受法律保护。中华人民共和国最高人民法院法复[1997]6号文件规定:“人民法院在审理案件中,不应将工会经费视为所在企业的财产,在企业欠债的情况下,不应冻结、划拨工会经费及‘工会经费集中户’的款项。”其中也未强调必须办理法人资格登记证后才受法律保护。某县一水泥厂的工会干部直言道:办个证又有什么用?有了证,我们的地位还能改变不成?再说企业垮了,工会还能存在吗?到那时工会法人资格证还不是废纸一张?2.经费上的问题。《细则》规定:申请取得工会法人资格的基层工会除其它条件外,还必 Recently, the General Administration of Customs issued the Measures for the Registration of Qualifications of Grass-roots Workers’ Unions (hereinafter referred to as the Measures), and the registration work has been carried out one after another in various places. Most trade union presidents think that registration of eligibility for legal person at the grass-roots trade unions is for the support of trade unions. When economic disputes occur between the units and the outside world, union property can be protected from infringement. However, some evidence has emerged in handling the card, and new issues deserve attention. 1. understanding of the problem On the basis of earnestly studying relevant information, a vice-chairperson of a union in a county made the following opinion: It is not necessary to handle the registration of a legal person of a trade union as the Measures stipulate that after obtaining a certificate, the grass-roots trade unions shall obtain the qualification as a legal person of a trade union, Legal rights and interests protected by national law. The grass-roots trade unions that have not yet registered for legal person status are still working independently according to law and their legal rights and interests are protected by law. Law No. [1997] 6 of the Supreme People’s Court of the People’s Republic of China stipulates: “In the hearing of a case, the people’s court shall not treat union funds as the property of the enterprise in which it is located. In the case of debts of enterprises, the trade union shall not be frozen or allocated Funds and ’trade union funds concentrated’ payments. ”Which also did not emphasize the need to apply for a legal personality registration certificate before being protected by law. A county cement factory union cadre said bluntly: What is the use of a card? With the card, our status can not be changed? Besides business collapses, the union still exist? Then the union legal personality Is not a waste paper? 2 funding problems. The “Rules” stipulate that the grass-roots trade unions that apply for obtaining the legal personality as trade unions must, among other things,