In country society, villagers (in particular the married woman) and the collective economic organization for the collective economic interest distribution will often make a profit allocation conflicts and disputes. As a result of such disputes, often involving the autonomy and the interests of the majority of the villagers, in relation to rural social order and stability, the applicable legal difficulties, treatment is difficult, the judicial practice in the different perspectives and practices. Rural collective economic interest allocation disputes whether litigation lawsuit? What nature? What kind of action to remedy? We address these issues, but so far without this specific problem seems to be no more. This article in rural married from the perspective of the protection of rights and interests, combined with the relevant case law and judicial practice, the application of the basic theory about law and civil law research, in-depth analysis of the collective economic interests of allocation disputes in the rural areas of the background, and disputes involving the principal and interest in the property, this type of dispute in question, the specific practices and problems, pointed out that in the present legal framework to solve such disputes in an effective way to administrative or civil litigation in the way of perfection. This article advocates, in addition to the establishment and improvement of the institutional and legal related, you should also give full play to the role of the judiciary, pay attention to rural areas, social stability and economic and social development.This article is subject to the "Introduction" and "closings", a total of four chapters."Introduction" made of such disputes the relevance of and necessity.The first chapter of a collective interest disputes arising out of the background is assigned; defines the distribution of benefits rural collective disputes involving several concepts, including the village, rural collective economic organizations and members of rural collectives, pointed out that the members of the rural collectives is a dynamic concept, their qualification pursuant to the civil rules of long-term habits; the distribution of benefits to rural collective disputes involving rights in real right (property rights), Member (right), equality rights and interests in properties for analysis.ChapterⅡon the reality of what the Court did not accept the income distribution of rural collective disputes in several reasons is documented and analyzed. On this basis, the author from his actions, a final settlement of the principles of Justice, the rule of law and the construction of a harmonious society, judicial practice equal angle, elaborated such theoretical disputes; Finally, the based on the qualification of the parties to determine the problem, the issue of judicial interpretation of the contradictions in the confusion, the State law and civil law in the conflict and adjustment, self-governance and judicial review, to put forward their views.ChapterⅢelaborated to administrative approaches to resolve such disputes practice, theory and analysis that the existing institutional framework, the allocation of rural collective interest disputes into the administrative procedure, is a wise choice; but subject to the administrative procedure, awareness and the theory of defects, the administrative settlement of such disputes there are some difficulties; should be "public management functions and executive power" as the standard definition of the administrative body, the Committee included the scope of administrative body.ChapterⅣfrom civil action introduces the collective economic interest's disputes, and that by way of civil action is more than the administrative procedure to resolve such disputes. Civil action to solve such disputes for analysis, that in practice should be considered in conjunction with the local rural economic developments and the legal sense, the village of acceptance; reference code of civil procedure relating to proceedings in cases of voter eligibility provisions, the establishment of similar voter eligibility disputes in civil procedure; and in improving the rural collectives assignments and pacts with regard to the judicial review system that may, in accordance with the provisions of the law of property rights to conduct litigation, and cannot be limited to the right of revocation, it should also be allowed to pay damages; in the distribution of income for rural collective disputes, should pay attention to the role of the facilitator mechanism. The right to equality in the dispute in question has also done some of that on the equal rights of judicial review and should have a degree of certainty; it cannot be divorced from the specific national circumstances."Closing" section on rural collectives allocation disputes for summary and recommendations. |