Research On The Legal Protection Of Members’ Right Of The Rural Collective Economic Organization

Rural collective economic organization rights are rights of private law, it makes a more complete summary of the rights from self-benefit right and co-benefit right as a member of the rural collective economic organization should enjoy. However, China’s existing laws don’t systematically stipulate related contents in member right of rural collective economic organization, only scattered in parts of laws and regulations, still can not provide a sufficient basis for the rural collective economic organization members exercise of rights and protection. In addition to lacking the relevant laws and regulations, it exists some dilemmas like the members can’t fully exercise rights and Relief difficulties. Therefore, this paper firstly focus on current situation of the development of the rural collective economic organization members, do research and narration form the member right, elaborates far-reaching significance of membership rights for the rural collective economic organization’s development; secondly to analyzes the problems existing in the concrete rights as the breakthrough point, tries to break through difficulties of member right encountered in practice. Finally in a top-down manner, that is, from perfecting the member right of the basic elements, downward extending to the corrections specific rights, perfect the member right of rural collective economic organization, safeguard measure, give farmers’land rights guaranteed, and promote the long-term development of the rural collective economy.Rural collective economic organizations’changes is closely related to the enjoyment of the member right, in the field of the community member’s identity and sense of belonging is gradually weak, but form practical considerations should still maintain the collective ownership of rural land, and on this basis adequately protect the exercise of the right of members of the rural collective economic organization, stimulate vitality of Member rights system, optimize the community’s development. Observed from the right shape, the specific content of the rural collective economic organization membership can be divided into beneficial rights and procedural rights, and procedural rights mainly include two aspects of supervision and management and litigation; self-benefit right to property right is the key content, contract collective land, homestead and divide the income distribution rights.Membership of the collective nature of fuzzy and the abstractness of the rural land ownership, have brought the member rights of virtual home of the problem; membership standards are not unified, making the rural land contracting, the distribution of the land and the interests of the collective economy produced more disputes, inevitably set up obstacles for the rights of the members; the exercise of right and the content of the right are not perfect, rural collective organization members’participation degree is not high, fairness and efficiency of two different value of the game, and so on, make the members of the rights in the content of the surface, stuck in the past, blurring the members of the true value of the power system; the judicial relief is not sufficient, the members of the litigation rights of exercising the right of rescission is limited, the utility has been weakened, the members of the relief demands can not get relieved. All in all, rights to members of the rural collective economic organization as a system still have many shortcomings.This paper intends to define right and membership of the gains and losses standard, and refine members right of content and exercise, improve the judicial relief three aspects, to regulate the exercise of the right of the rural collective economic organization members and relief from legislative idea and operation practice two levels, delineate the boundary of the members of the collective land rights, promote the member right of implementation and effective enforcement, help promote rural land use truly, general circulation, and promote the development of a virtuous cycle of the rural collective economy.