Rural Collective Economic Organization Members Subject Qualification Of Legal Research

Rural collective economic organizations in the identification of membership in both theory and practice there is a big controversy,Trial practice, due to the rural collective economic organizations, membership is unknown but large number of disputes arising from the existence, the allocation of costs such as land compensation fees of the distribution of income distribution, the collective, collective asset disposition, in the use of land for housing and disputes were related to the collective economy organization members the qualification cognizance of the problem, how to correctly define the membership of rural collective economic organization is an essential prerequisite for resolving such disputes. The author tries to rural collective economic organizations members qualified subject, members of the qualification standards, members of the qualification and the loss of membership program and analyzes, the paper rural collective economic organization the qualification cognizance of the members, made clear the rural collective economic organizations to the members of the rights and obligations and relief program, in order to rural collective economic organizations and the rights and interests of the members on the overall effective protection. Text is divided into four parts.The first part of this paper introduces our country rural collective economic organizations of the members of the present situation of legal subject qualification. Through the introduction of the rural organization in China mainly elaborated the evolution of the collective economic organizations and villagers'membership, the differences between the rural collective economic organizations to clear the membership is enjoy this collective organizations specific rights and the prerequisite of conditions, only to have the qualification of collective economic organizations, to enjoy the collective organization related rights and interests. And that the rural collective economic organizations collective membership not only enjoy the rights, but also including collective economic organizations in the obligations, as well as the collective economic organizations in the collective organization members enjoy equal rights and assume the obligations of ability, mainly in the equality of rights and obligations and other members no difference.The second part about the rural collective economic organizations to members of the theoretical basis of legal subject qualification. The existing rural collective economic organization the qualification cognizance of the members in three ways: single census register said, household life to say, rights and obligations said. Now three standard has been difficult to deal with the reality appear complex situation, no matter adopt what kind of mode to maintain, are imperfect, lift, in the above three models, the third model in terms of factors to be considered relative to the most comprehensive, but can not be completely according to the model of the elements to ask. Practice, with collective economic organizations should be permanent census register seat is based on requirements, collective economy organization is located form relatively fixed productive relationship for basic basis, combining the rural land contracting has the basic life safeguard function, comprehensive various factors comprehensive analysis judgment.The third part about rural collective economic organization members legal main qualifications standards. The rural collective economic organization members qualified standard should with the members and the collective economic organizations associated with the degree of perspective to determine, should be based on rural villagers in rural collective natural conditions, and life basis and perform obligations, and whether the rural collective land in the rural collective economic organizations for basic life safeguard the case such as to comprehensive appraisal. For marriage personnel, empty linked families, the army test these types of special school staff, these kinds of special personnel qualification in addition to the members of the reference of such general standards outside, still should abide by the principle of fairness and enjoy the principle of one place only, based on the rights and obligations of the equivalence principle, especially notice to protect the lawful rights and interests of women and children.The fourth part of rural collective economic organization members qualified perfect. In order to avoid the rural collective economic organization members for the qualification cognizance of the main body of the unknown cause many subjects for each other that right, duplicated, mutual denied that recognition of the situation, it is necessary to clear members qualified subject, first to rural collective economic organizations shall be qualified as a legal person, because the villagers committee is the villagers committee is the self management, self education villagers, self service autonomous mass organizations at the grass-roots level. Under the current conditions, the villagers' committee as collective organization as the main body of the membership practical, in order to avoid the " tyranny of the majority " and to perfect the system of supervision system, adhere to the dispute can accuse the judicial confirmation of final adjudication. For the rural collective economic organization membership in the final analysis or in order to strive for certain living guarantee, only perfect rural contracted management of land, the strict control of the collection of national land and set up the unity of the urban and rural security mechanism is the solution of this problem at all.