On Identification Of Members’ Qualification Of The Rural Collective Economic Organizations

With the development of collective economy, the form of rural collective economic organization(which is shorted for ’RCEO’ in the next part of this abstract) evolved. In the past, members of RCEO were stable and could recognize easily by the standard of registered permanent residence. In our country, the reformation of registered permanent residence drove on, floating population increased incessancy. The original rules that indentify the qualification of members of RCEO were not work properly.In recent years, the cases which were triggered by qualification of members of RCEO grow with each passing by. Especially with construction of city speed up, a great deal of land compensation fees cases reflect that the situation is worse. The matter of qualification of members of RCEO is not only related to peasant’s interest, but also involved in building harmonious and stable rural society.Central government of our country promulgated document named NO.l in 2014,in which demanded ensure the member rights of the RCEO. To reach the goal, the first important thing is to build fair just open rules which are worked for the identification of qualification of members of RCEO. Although this issue has already attracted scholar’s eyes, but all the results which is based on different foundation have not comparability at all. Therefore, the first page of this paper discuss three basic concepts, like’RCEOV’qualification of members’/’identification of qualification’, to confirm the core target is’original members’ in ’traditional RCEO’.Both sides in the land compensation fees cases are virtual participants of qualification of members of RCEO. The second page of this paper take land compensation fees cases for example, to inquire into the concrete problems. The statistical analysis of cases point out there are four respects, the judge is indeterminacy, the procedure is nonstandard, the standard is disunity, and the litigation is unitary.On top of the third page of this paper analyses three factors which influence rules of qualification of members of RCEO. First, source of the matter should be found in history; Second, the reality condition faced is the difference between areas; Third, the way to solve the problem rely on legislation.The last page gives suggestions to perfect the rules of qualification of members of RCEO. One thing is to make sure premises which should be observed are two principles. The other thing is to perfect the rules should follow next four steps:First, RCEO should be the sole organization which can decide the qualification of members of RCEO; Second, the procedure should be standardization, including ’application-examination-announcement-register-files’; Third, the standard based on the core factor of economic links, and take the farmers’ age into account should be unified. The last but not the least, arbitrations should be lay aside before the lawsuit.