Study On The Relief System Of Collective Property Rights In The Process Of The Urban Village Reconstruction

In the process of urban village reconstruction,collective property will transform tostate-owned property,collective property right system also happen to stock or change theway of cooperation, in the process of this series of collective property rightstransformation, the collective property rights will be affected by the government,developers and the farmer collective. Especially in the urban village transformation, theoriginal farmers collective has been revoked, but our country existing farmer collectiveproperty right law relief system was unable to apply to the original farmer collective, asa result, it is necessary for the collective property rights under the existing legalprovisions of the right of relief for institutional innovation.The flaws of the existing relief system is mainly reflected in: one is the originalcollective farmers, after the village collective economic organizations can no longer asthe exercise of collective property rights, the right to relief and by more than half of theoriginal collective economic organization members to the provisions of the lawsuit,because the original farmers collective member outside employment or living in the city,quite scattered in the information and concentration, a lot of the original members of thecollective to individual equity share or after the transfer of equity holdings is low, want toget more than half of them to exercise the right of suit has not realistic possibility. Secondis the cancellation right in traditional theory of member rights relief, can only withdrawthe village committee internal decision, to confirm the disposition is invalid, in additionin the civil lawsuit, the villagers personal only for its own interests, not cancellation rightis put forward for the infringement of the right of collective property. So in the deficiencyin the existing legal system, especially the administrative litigation is generallyinefficient situation, can draw lessons from the right after the theory and the theory ofexisting shareholder derived litigation right to relief system innovation.Against the infringement of collective property, shall be given after transforming theorganization of the plaintiff’s qualification. When the original collective economy into ajoint-stock system,and its modified form of organization is right the body. Farmers’collective shareholder derived litigation refers to farmers collective member in the ruralcollective economic organizations or villagers’ committee, director of the illegal violation or tolerate others illegal property, the farmers’ collective original collective membersshall have the right to farmers collective interests, in its own name shall be investigatedfor the infringer liability lawsuit. Solve the individual villagers and the relief of collectiveproperty relations. And aiming at the problem of cancellation right relief effect is weak,shall establish illegal villagers resolution invalid lawsuit system. Resolution is for thevillagers to dispose of collective property, the villagers may directly file to confirmcontract invalid return the collective property of civil action. At the same time in the fieldof administrative litigation in the process of perfecting the tax farmers to impose priceright to dissent, through civil litigation and administrative litigation to protect thecollective property rights in the process of urban village reconstruction.