A Study On The Determination Of Membership Of Rural Collective Economic Organizations

In recent years, with the development and construction of the national urbanization, industrialization steadily, highways, housing and other large projects take up a lot of urban fringe agricultural land, homestead and the like. With the land has been caused by relocation compensation disputes, land acquisition compensation disputes emerging distribution costs. Among them, the distribution of costs for land acquisition compensation disputes most typical, having quantity, involving a wide range, policies, and high social sensitivity, the court handling difficult and so on. Because such disputes mostly related to rural collective organization membership identification, and the current China’s rural collective economic organization membership finds no uniform standard, not yet introduced the relevant legislation. For the interests of the temptation, and other factors influence family or village groups of villagers, dressed in the cloak-called representatives of public opinion, some people will be excluded from the scope of distribution, refuse to pay land compensation. Deprived of membership to members who often questioned the qualification criteria, and then go to court. The judicial practice court again finds such cases involving membership inadmissible, the court held that some or qualification within the competence of the members of villagers’ autonomy, justice should not be directly involved. Since the party sued nowhere, helpless and forced to choose to appeal, even besieged the court. Members of the qualification standards are not unified and “ rural collective economic organization membership that” the status quo will not be accepted in the dispute, is not conducive to protecting the legitimate rights and interests of landless peasants, is not conducive to the stable development of rural areas, is not conducive to a harmonious society, but with the current judicial fairness, and justice incompatible. Research on this topic is conducive to protecting the legitimate rights of farmers and promote rural orderly, stable and healthy development.In this paper, the rural collective economic organization members identify eligibility and reasonableness of the qualification entitling the parties to a dispute to prosecute members of separate legislation, enriching specific criteria rural collective economic organization members accreditation. Research on the topic of future judicial practice departments to deal with similar cases have some inspiration and practical significance. Text is divided into three parts:The first part, with three more typical allocation of land compensation dispute case leads to the problem to be discussed in this article, that is, the current members of the rural collective economic organizations accreditation Problems- are members of the collective economic organizations accreditation standards are not unified, “membership that” disputes the admissibility without unity.The second part, by the presence of several memberships of the current judicial practice recognized standards for the assessment, analysis of the current members of the respective qualification standards are not unified, “ membership that ” unity does not dispute the admissibility of the case the reason for the improvement recommendations section pave the way.The third part of the collective economic organization members qualification standards are not unified, “ members of the qualification ” accepted without dispute unity made perfect suggestions, comments, particularly the rich members of the special staff, such as marriage officer, empty hanging households, it identified. From the judicial practice department operational point of view, should be given in such cases can be made actionable suggestions and complaints from the theoretical aspects of such cases are classified to the rural collective economic organization membership identified research questions benefit.