Study On Revenue Distribution Legal Mechanism Of Rural Collective Economic Organization

Under the system of collective land ownership and a dual operational system of unified and decentralized management,the income distribution of rural collective economic organizations has become a most important form of distribution in the rural economy,and the performance of the said system is not only directly related to the basic survival and development rights of farmers,but also affects the healthy function of the dual management system of rural areas as well as macro configuration of the state on rural land and other resources.In the early period,development of rural economy was so slow that rural collective economic organization did not accumulate enough collective assets to allocate,thus the distribution of such income was not obvious,and did not attract widespread attention from all walks of life.But in recent years,with the rapid development of rural economy and the process of urbanization,the land expropriation by the government and the involvement of social capital in rural land resources become more and more frequent,the rural collective land value-added effect is becoming so obvious.As the carrier of the collective land ownership,the rural collective economic organizations,in the process of loss of control of the collective land in the process of land expropriation and transfer,obtains more compensation for land expropriation,rental income.At the same time,members of the rural collective economic organizations lose their collective land and the management rights,and such loss is equivalent to the protection of their lives,thus exacerbating the fierce competition for members of the farmer collective income,produce a large number of contradictions and disputes.It can be said that the distribution of income distribution in rural collective economic organizations has become one of the most difficult and urgent social contradictions at the grassroots level.Lack of legal norms on the distribution of income and necessary care to the rural collective economic organizations,the operating mechanism of the income distribution is not so smooth,and as the last resort,judicial relief the protection of the rights of members is not so ideal either.Therefore,how to improve the existing legal mechanism to effectively adjust the income distribution relationship of rural collective economic organizations is imminent.Highly concerned about this problem,based on the perspective of economic law,the author examine the value of the legal adjustment mechanism macroscopically,and analyzes the relationship between income distribution and the basic ideas of elements.Adhering to a problem-oriented principle,after locating the existing problems in the current legal adjustment mechanism,the author offers some solutions to the exploring the effective way of improving the legal system of income distribution in rural collective economic organizations.Based on a realistic background of the rural collective economic organization of income distribution in our country,starting from the relationship between income distribution,this paper focuses on how to improve the legal mechanism of the central theme of income distribution,combined with judicial practice,the structure of the total fraction,from the relationship between income distribution.This paper is divided into six chapters,and in each chapter,the author discusses the specific problems:The first chapter is on the legal adjustment and value goal of the income distribution relationship of rural collective economic organizations.This chapter first analyzes the elements of the income distribution relationship,and sums up the characteristics of the subject,rights and obligations in the light of its operational mechanism characteristics.Secondly,it introduces the current institutional environment of the legal adjustment of income distribution relationship.The system structure of the income distribution pattern is based on the dual management system,which is divided into two parts.The system foundation of the income distribution mechanism is the villager autonomy system.At the same time,from the "property law" and "land contract law" and other income distribution relations involved in the adjustment of specific norms,sort out the current legal system arrangements.Then,the author analyzes the problems from macro,meso and micro levels that exist in the adjustment process of the current legal system in depth.Finally,through the political,economic and other multi-disciplinary comprehensive vision,combined with the actual situation,discussed the income distribution relationship should be achieved by adjusting the overall value of the target.This chapter is a general analysis and discussion from the macro perspective,which has the function of guiding the full text,aiming at improving the mechanism of the distribution of income and pointing out the target direction.The second chapter is about the perfection of the subject of income distribution and its operation mechanism".This chapter begins with the basic concepts of rural collective economic organizations and the origin,through the analysis of the various theories of the in-depth interpretation of the specific connotation and the legal attribute of the rural collective economic organizations,and according to the "general principles of civil law" on the rural collective economic organization legal person is "special person",combined with the local practice of analysis of the legal status.Then the author analyzes the realistic predicament of the main operating mechanism:subject confusion of the collective economic organizations and rural village committee,ambiguity of function of the collective economic organizations under the dual management system and cognitive deficits of unified operation.Finally the author put forward the suggestions to perfect the legislation and specific measures in three aspects:strengthening the rural collective economic organization,clear focus on its legal status as the basis for the reform and perfection of property rights system and internal governance structure,the rural collective economic organizations in the remodeling of the dual management system of "unified" operational function.The third chapter is about the perfection of the object of income distribution and the protection mechanism of rights".This chapter begins with the distinction of members,villagers and farmers;through in-depth theoretic interpretation of the membership theories,elaborates the rural collective economic organizations right,introduces the contents and features of membership of rural collective economic organizations;emphatically pointed out that income distribution is the core of membership.Secondly,this part focuses on the identification of the membership of rural collective economic organizations.Starting from the different thoughts on identifications of qualification standard and the unreasonable problems of current standards in members of the qualification;this part offers four basic principles and three elements.In addition,this part discusses the acquisition and loss of membership,and other special problems on the identification of the qualification of membership.This part also discusses how to establish a scientific identification mechanism from the aspects of legislation,procedure and judicial review.Finally,this part offers concrete suggestions on the perfection making,revocation and judicial remedy of the decisions.The fourth chapter is on the scope of income and the improvement of the interests balance mechanism.This chapter,taking income scope as a special angle of view,focusing on how the income is balanced between the government and the rural collective economic organizations,between the collective and the members and among the members.As the income is so vague and the land requisition compensation income is the most unique one,this chapter analyzes the legal attribute of constitution,land compensation benefits and special parts in the distribution of the ownership of interests.Secondly,the author analyzes the existing problems such as the ignorance of income distribution in the land contract and management rights,lack of standardized practice of reservation and unified legal basis distribution of land compensation.Finally the author puts forward concrete advice:the establishment of separate land contract management rights compensation system,the proportion and the scope of utilization of reservation by the collective and uniform legal basis for distribution of land compensation fees.The fifth chapter is about the perfection of income distribution procedure and operation mechanism.In this chapter,the author first puts forward that villager autonomy is the system foundation of income distribution procedure,analyzes the basic concept of villager autonomy and the subject of autonomy,and points out the way of exercising the right of villager autonomy,or democratic agreement.Secondly,based on the theory of distributive justice,the limitations of democratic agreement are deeply analyzed.At the same time,the justice limitations of income distribution under democracy are analyzed.in this part,the author concludes three principles of equal rights,fairness and priority,and proposed three specific corrective measures.Thirdly,based on the theory of "state intervention" of economic law,this paper expounds the perfection path of the operational mechanism of income distribution procedure from three aspects:the "national law" and "civil law" on the income distribution program of dual regulation;the analysis of the relationship between the executive power and the autonomy;the reasonable limits of judicial intervention in the income distribution program and the coordination of the judicial authority and the folk law.The sixth chapter is about the judicial relief system of income distribution disputes and its perfection".This chapter mainly uses an empirical method,taking the cases in Chongqing as an example.The author first collects relevant statistical data and extracts part of the case as the analysis sample,and comprehensively introduces the basic situation of the income distribution disputes cases heard by the courts in Chongqing in recent years,and focuses on the developing trend and the contradiction.After that,the author sorts out the problems on case accepting,examining procedure and decision making.Finally,the author elaborates the judicial relief and the judicial philosophy,and offers some concrete advice to perfect the judicial remedy system from the following four aspects:the scope of acceptance and clearance of the subject of litigation,the establishment of membership confirmation system and perfection of the mode of judicial review and the perfection of judgment rules.