On The Civil Law Problems Of The Rural Collective Land Membership

Whether in revolution and construction period or an era of reform anddevelopment, the rural land problem has always been the core issue that we cannotavoid.After the founding of new Chinese, China finally established a land system ofthe community ownership and the villagers use through three great reforms.But in theprevious reforms the membership of rural collective land has not been valued. Themembership right of rural collective land is the premise of farmer getting landproperty right. The education on the legal problems about the membership right ofrural collective land will not only contribute to solve the confusion in the qualificationof membership right in practice,but also provide a clear rights basis to deepen thereform of property rights of rural land, which help to the members take a great activepart in the operation and management of the collective economic organizations. Theintroduction of the thesis describes the important of the education at first and analyzesthe domestic research about the membership right of rural collective land, then thethesis states the challenge for the membership right in practice and points out theresearch focus and shortcomings. In the study of text, the author tries to educate fromthe following several aspects.The first part is a summary of the membership right of rural collective land.Thispart includes the concept and historical development of the membership right ofcollective land and analyses the fifty-ninth article of the property law to make clearthe historical significance of the membership right if collective land.The second part is the analysis of the nature and characteristics of themembership right of the rural collective land.The membership right of rural collectiveis a special kind of membership right and has its unique features in the subject,theright content and implementation.The third part is the analysis of the standard of gains and losses and the contentof the membership right of the rural collective land, which is also the main body partof this paper.In the analysis of gains and losses of membership of the collective land,the importance should be attached to the function of the household registration andgive full consideration to the social security function of the land for the members. Atthe same time,analyzing the moving into or out of the collective groupmemberships.In the analysis of the membership right of the rural collective land,theauthor divide The members of the right into two parts such as the economic rights and economic rights of democratic management. For the contradiction of contractingbetween the deceased and new members in the right to land contractualmanagement.This part put out the solve model of presumption in law on the transferof rural collective land contracting right of management.The author put forward somemeasures about withdrawal deadline to solve the problem of using homestead. Thepropose of presumption of law and the withdrawal deadline can be used as a new wayto resolve these contradictions and problems, being novelty and innovation.The fourth part is the analysis of the running status of the membership right ofrural collective land in practice, but also a key part of this study. According to thecurrent development situation of the rural collective economic organizations,membership right of the rural collective land can be divided into "hibernation" and"active" two category,and the latter was analyzed for emphasis.The discussion of theactive membership right of rural collective land is from the membership of the ruralcooperatives,the dividend eligible that obtain from sharing collective land propertyand the membership right of legal person of collective organization.In the study, thetrue and false membership right in professional cooperatives are distinguishedcarefully. Security and risk burden to the legal person of collective organization mayface are discussed in detail.The fifth part is the suggestion for the membership right of the rural collectiveland,which is the conclusion of the study.in view of the problem in the third and forthpart,the gain and loss standard for membership in law and the suggestions aboutmembers rights are put forward.The legal person of the collective economicorganizations are suitable to develop and the membership right of the rural collectiveeconomic organization will be diversified in future.The five part is the main body of the thesis,the author tries to study from theoryto practice and from the reality to the future in order to show the abundant contentabout the membership right of the rural collective land.The author put forward ownviews on the problems existing in the membership right of collective land and thetrend of the development in the membership right. In conclusion, this study issignificant to improve membership right of the rural collective land.