Research On Rural Collective Land Economical Organization Members' Rights

The point of departure in the present rural land rights system reform in China is to endow the farmers with long-term and guaranteed land rights. The author thinks that farmer's land rights are not only manifested in land use right, but also in rural collective land economical organization members' rights.Rural collective land economical organization members' rights refer to a special members' right which is established according to the laws, civil customary laws and organization regulations. It summarizes all the rights and duties that are shared by all rural collective economical organization.The subjects of the right are members in collective economical organization. Natural persons can get or lose the collective economical organization members' rights naturally by getting or losing the membership. The counterpart is rural collective economical organization. The consultative group meeting is its power organ. Group member control and manage the collective owners of land through implementing members' rights .The content of its right is made of rights and duties.The article employs the method of the interpretation of law, analyzing according to the following logical thoughts:First of all, it analyzes the manifestation of collective members' interest and path to rely in regulation evolution in the background of collective land ownership.Secondly, it combines all the theories on members' rights to analyze the nature, characteristics and question of the rural collective land economical organization members' rights.Thirdly, it explicates from three aspects of subject like right subject, counterpart, and right content. The first part puts forwards that the present membership puts too much emphasis on the juristic facts like life or death, marriage and migration which are proved by relying too much on the household register system. But we should lower the importance of household register system and attach more importance to the manifestation of party's meaning. The second part points out that the drawbacks of the rural land collective lies in the imperfection in the collective membership system and the imperfection in rural collective economical organization. To overcome these disadvantages, we should privilege the rural collective economical organization membership, perfect the rural collective economical organization and treat the organization as the only subject of land collective ownership. The third part analyzes the laws and regulations related with rural collective economical organization membership.At last, it indicates the rural collective economical organization members should deepen the reform based on the identification of membership to quantify members' rights as stockholders' rights, reform the rural collective economical organization comprehensively to perfect the rural land rights system in our country.