Study On Revenue Distribution System Of Rural Collective Economic Organization

The revenue distribution in rural collective economic organization guarantees the basic rights of peasants, thus ensuring the harmonious environment of the rural areas. The rural collective economic organization is a social economy organization which occupies the dominant position in revenue distribution. It is made up by members belonging to a certain scope taken part in agricultural production and management. Its basic means of production is collectively owned land and profits gained belong to all group members. All members could also use their legal rights within a certain democratic management program. As the subject of distribution in revenue distribution system, group members possess and budget the revenue. So the qualification of membership is crucial for members to gain their economic interests. In the sense of economic law, the revenue distribution system of rural collective economic organization is composed of the distribution subject, object and their relationship in the distribution process. Group members could use the assignment right to allocate the revenue available for distribution according to the established rules, programs and processes in this system. The exercise of assignment right determines the acquisition of collective income and the defense of legal rights for group members.The Chinese rural collective economic organization formed in a special environment. Its distribution pattern has changed dramatically along with the social transformation. So the development of distribution patterns in rural collective economic organization should be analyzed and the experience gained is significant for the collective economic organization to form a more reasonable revenue distribution system.The conflicts of interests will inevitably emerge because the interest relationship is exactly the object adjusted by the revenue distribution system. The standard of qualification of membership lacks uniform rules and it is not even unified in practice. It is almost all managed by village committee, but the village committee is not competent for this role. Some special groups are often rejected in distribution plan and the legal relief ways for group members are weak. The legal rights of the group members cannot be guaranteed and large amount of contradictions appear in the primary level, thus weakening the harmonious environment of society.The reasons account for these contradictions are various:Urban-rural dual economic, social and legal system caused by the earlier planned system and pervasive policies; Weakened rights of subject due to the unclear collective property rights with enormous interests brought by economic development; The unchanged habits of mind of peasants influenced by traditional culture and local characteristics; Lack of related laws to settle revenue distribution issues due to the limitations of law itself; Blocked "Principle of disputes mediation" of judiciary by the restricted discretionary power of judge in trial.The aim of revenue distribution system of rural collective economic organization is to fully protect the rights of its members and to realize sustainable development of the organization. Firstly,"principle of distributive justice" should be established in legislation to make the interests relationship more harmonious; Secondly, the collective economic organization property rights should be clear, the legal status of organization remodeled, the standard of qualification of membership unanimous and distribution processes established in order to achieve justice and harmony within the organization; Thirdly, external supervision by basic level government and the management department of rural collective assets should be intensified to make the system run more smoothly; Moreover, sound judicial relief system should play a bigger role in the revenue distribution to protect the rights of members; Last but not least, several non-lawsuit means like mediation, reconciliation and arbitration should be adopted to resolve distribution issues due to their advantages in settlement of disputes in rural areas.