Research On The Legal Structure Of The Membership Right Of The Rural Collective Economic Organization In The New Era

Many laws within each legal system are necessarily linked to the system of rights.The definition of rights in the legal system presupposes not only the special content of the laws prescribing rights,but also their specific structure.This is the same reason for the legal structure of the membership right system of China's rural collective economic organizations.The requirements of the legal structure of the membership right of rural collective economic organizations which mentioned by the new era is not only the necessity of the of the legal structure right of members of rural collective economic organizations,but also the effective response to the necessity of the structure of the right of members of rural collective economic organizations.The legal structure of membership right of rural collective economic organizations in the new era,is the normative requirement to effectively protect farmers' rights at the legal level,also the practical need to further promote rural development at the policy level,and the higher demand for new elements to urge them to expand and improve.Through the normative construction of the right of members of rural collective economic organizations,can respond to the high requirements of national policies and strategies,solve the problems of disputes and normative guarantee at the legal level,and response to the influence of new elements.In the new era,the legal structure of the membership right of rural collective economic organizations should not only be built on the organizational foundation of special legal person,but also analyze comprehensively of the subject,qualification,content,exertion and remedies,the membership right of the rural collective economic organization which is finally constructed in law is a normative and complete comprehensive system.At first,The legal structure of the membership right of rural collective economic organizations should seek the proper carrier,that is the organizational basis of the membership right of rural collective economic organizations.Rural collective economic organization is the carrier of the operation of rural collective economic,the subject element of collective ownership in the relationship of law,also the special legal person with civil subject status and the organizational form of collective ownership subject in the new era.According to the relationship between members and organizations of the community law,the membership right of rural collective economic organizations is closely related to the rural collective economic organizations.The understanding of its different legal positions is helpful to analyze the position of special legal person more clearly and objectively.In different historical development stages,the rural collective economic organization has differentconnotation and functional orientation.Under the background of new era,although the rural collective economic organizations has the civil subjective status in law,but because of the uncertain conception of the special legal person and the complexity of the rural collective economic organizations,the location of the special legal person in the new era should not only include the special connotation,but also include the special features of existence form,so comprehensive special positioning should be as the organizational foundation of construction of the members of the rural collective economic organizations.On the basis of defining the organizational foundation of the rights of members of rural collective economic organizations,we should began to analyse the legal structure of the subject of the rights of members of rural collective economic organizations,that is,defining the subject of the rights of members of rural collective economic organizations in law.Right subjectivity is the core foundation behind the concept of law.Law is the law about rights,but firstly is the law of subject,the concept of right is subordinate to the concept of subject.Therefore,it is necessary to define the subject of the right about members of rural collective economic organizations.From the current legal provisions and rural practice,the subject of membership right of rural collective economic organizations includes two forms:farmers' families and individuals.Starting from the relationship between the subject of right and the the subject of exercise of rights,the subject of right is the proper subject of the rural collective economic organizations,the subject of exercise of right is only special form in the exercise of the special member rights.Therefore,as the subject of member right in private law,individuals is accord with the location about subject of the right in civil law.How to make the subject of the right of members of rural collective economic organizations not only satisfy the concept of the right of private law,but also comply with the actual situation,and normalize the construction of the subject of the right of members in law,it is necessary to explore a more appropriate institutional arrangement on the basis of balance between them.In a word,it must be made clear that the individual is the subject of the right of membership of the rural collective economic organization,and the farmers' family is the subject of exercise of right.In practice,the role of farmers' family in exercising of the special rights cannot be completely ignored at the present,we should establish the individuals as the subject of the right of members of rural collective economic organizations with the progressive reform in the future.After clearing the subject of the right of members of rural collective economic organizations,the following problem is the identification about the members of the rural collective economic organization,especially the criterion of the identification of the membership in law.The identification of membership of rural collective economicorganizations is not only related to the revision and improvement of the property right about ownership system in the civil code,but also a prerequisite for the implementation of the enjoyment about agriculture-related civil rights and interests of the members of rural collective economic organizations in the reform of rural collective property rights.From the central policy to the local practice,from the legislative norms to the judicial opinions,all paied great attention to the issue,but it has not been effectively solved due to the complexity and long-term nature of itself.If the issue of membership identification is not solved,it will easily lead to the follow-up problems of rural collective property reform,arouse all kinds of contradictions and even evolve into mass incidents,which will cause serious harm to rural society and the stability of the whole society.In the final analysis,what the reasons of the complexity of membership identification of rural collective economic organizations that is the different application of local standards and the lack of overall standard system.On the basis of integrating other supporting standards,the "household registration" standard with administrative implication is still used as the common identification standard.Under the strong impact of the reform about household registration,in order to form a comprehensive standard,the construction of the future recognition standards about membership should distinguish the formal and substantive standards,and consider the incorporation of new standards in different collective economic organizations,to form a typical standard system in the end.On the basis of constructing the recognition realization mechanism,it is not only applicable to the general membership recognition,but also to the selection of special membership recognition.If the rural collective economic organization membership is the premise to enjoy the right of membership,in that way,the content of the right of membership of rural collective economic organization is the core blood of the legal constitution of the right of membership.At present,the rights of members of rural collective economic organizations are only scattered in some laws.With the development of social changes and the continuous advancement of rural reform,some new rights will emerge.The right of members of rural collective economic organizations is an independent bundle of civil rights in nature,including not only the basic constitutional right source,but also the essential member right source and the direct peasant collective ownership right source.On the basis of Combing the current rural collective economic organization members rights and incorporating the rights content of the new era,according to the requirements of different forms of rural collective economic organizations and certain logical standards,organizing these rights form system,eventually forming the typed right's structure which include property,business administration,volatilityand relief rights of law,and this right is specific,real and substantial.The content of the rural collective economic organization's member rights is to be implemented by law,and the ultimate goal of the rural collective economic organization's member rights is the smooth realization of the members' rights.Rights that legalized and implementation effectively are both integral part of the right system,the specification of the former will provide support for legislator to choose the content of legal rights of the rural collective economic organizations membership,and the latter will provide legal protection for operation of right especially to realize the rights and interests of collective economic organization members.The realization of the rights including two aspects,which includes the exercise of right and the security of right,so the realization of the member right of rural collective economic organizations,should not only guarantee the mechanism of implementation about the rural collective economic organization members right,but also give powerful response when their rights have been infringed in the process of exercise,really and thoroughly guarantee complete security about effective implementation of the members rights of rural collective economic organization consequently in law.