A Study On The Identity Of Peasants' Collective Membership In China

With the continuous development of China’s economy and society and the speeding up of urbanization, The disputes in the distribution of rural collective property income land sales become more and more, The related complaint involving lawsuit occupies a considerable proportion in the whole complaint reporting about agriculture. And the key to solve these disputes is of the farmers’collective membership, But at present our country in the legislation don’t make that clear to the problem of the cognizance of farmers’ collective membership, Thus different operation around the judicial practice causes much mess.So, how does our country’s legislative status for farmers’ collective membership? What are the existing standards of identity in academic circles on farmers’ collective membership? What’s the principle of defining the identity? What are the special groups’ collective interests need specific analysis? What circumstances can obtain farmers’collective membership and what time will lose again? What kinds of situation need to consider the mechanism of suspension and resumption of the farmers’collective membership? This paper will closely clear the above problems one by one by rigorous analysis around the above problems. The full paper is divided into four parts.The first part introduces the origin of writing of this paper, Through two typical cases to think about the farmers’collective membership, and to comb our country relevant local laws and regulations of the farmers’ collective membership.The second part elaborates the standards to identify our country farmers’ collective membership. Firstly, analyzing the six kinds of standards of the about farmers’ collective membership in academic circles, then defining three principles we should adhere to in the identity of farmers’ collective membership, through analyzing the value of China’s rural collective land again, finally put forward a new standard to decide our country farmers’ collective identity, the household registration+providing basic living security with the rural collective land, and specifically analyzing the problems identifying collective membership of special groups.The third part discusses the loss and change mechanism about our country farmers’ collective membership. Mainly includes five kinds of getting farmers’collective membership identity and three kinds of losing farmers’ collective membership. Put forward the termination and resumption mechanism about farmers’collective membership.The fourth part puts forward some suggestions about perfecting our country farmers’ collective membership. Mainly unify criteria for recognizing the identity of farmers’collective membership. then establish the suspension and resumption mechanism of farmers’ collective membership and the dispute resolution mechanism about farmers’ collective membership.