Research On The Quitting Mechanism Of Rural Collective Economic Organization Member

This dissertation researched on the hot topic:the quitting mechanism of rural collective economic organization member,which drew attention of the whole nation.The issue of the right for member to quit rural collective economic organization,was brought by the high-speed devolepment of Chinese urbanization and industrialization,which made known the contradiction between individual rights of peasant and the system of collective ownership.Actually,rural collective economic organization was an artifice used for tying up the peasants by household register and land forcedly,and then getting control the agriculture,rural areas,peasants and land.In 1990,this issue caused great concern in the academic world after the publication of the article:Collectivization And China's Agricultural Crisis In 1959-1961,written by Justin Yifu Lin and published on the Journal of Political Economy of USA.In the recent thirty years,Reform And open Up made millions upon millions peasants moved from rural area to urban area where produced a lot of conflicts of interests between the member and organization because there was no quitting mechanism on current law system.Excessive collisions happend on few areas were endangering the social stability.The writer put a theoretical and positive analysis on legal nature of the quitting right according to his long-range investigation in rural area.He took the key word from economics to jurisprudence,and pointed out that the quitting right was a right of member, which was limited,but could kill all of the other rights of member,and which only faced to collective organization the member was in.Moreover,the writer pointed out why the quitting mechanism was absent for all the long time.He thought,actually,the system design that forced peasants to join the collective organization in history didn't give them an available exit,and that,peasants seldom moved to urban areas under the system of town-village duality.Mass migration movements took place not until the develepment of society and economics after Reform And open Up. However,people of vested interests prevented who asked to quit to take what belongs to them away from the organization. The wirter thought,there were three barriers in front of what quitting mechanism we are going to constitute for the member of collective economic organization:the actual barrier of financial dependence on land transaction,the theoretical barrier of unalterable publicly-owned basis,and the legal barrier of nominal rights of land.The writer shew clearly two core values we have to persist in:power to the people,and separate government functions from enterprise management.On the basis of those two values,He dropped a hint that there were two burning questions:to describe or show qualification and right of the member of collective orgnization accurately,and allow the collective land to be transferred freely. He said,we cannot do anything except for that.Finally,the writer advanced an idea for how to make the base configuration of the quitting mechanism of rural collective economic organization member.