Suit Right Of The Rural Collective Econo Micorganization Members For Discussion

Along with our country rural collective economy the deepening of the reform and development, the rural collective economic organizations shall also bear the more and more important role. But because of the lag in legislation of the rural collective economic organizations, the rural collective economic organizations in the process of our development has met unprecedented problems and challenges, serious impact on the rural collective economy healthy and stable development. The most prominent problem is that the rural collective economic organizations of collective property interests have been due to imperfect legal supervision and management, rural collective economic organizations membership and member benefits are often ignored or violated. Although rural collective economic organizations apply the villagers self-management by law and supervision, but due to the supervision and restriction mechanism is not sound, practical operation and management is often a few management control, member of the farmers’personal rights is difficult to effectively exercise. In the face of the interests of the collective economic organizations have been eroded, members of the collective economic organization on behalf of the litigation has the legislation, practice and so on various aspects of resistance factor, if the collective economic organization shall be the organ is not actively maintained and there is no other effective relief way. So for the suit right of the rural collective economic organization members legislation and perfect is imminent. This paper is divided into four chapters altogether:The first chapter, mainly to the rural collective economic organizations, members of the rural collective economic organization, the right of suit right of the rural collective economic organization members and so on were summarized, find out the rural collective economic organization members of abandonment of right of institutional resistance factors.The second chapter, mainly for the suit right of the rural collective economic organization members related legislation carding, analysis the rural collective economic organizations in our country legislation evolution and the present situation, the suit right of the members and members of his right to appeal to outside society economy generalizes the legislative statusThe third chapter, mainly for the construction of the rural collective members of the legal basis for the litigation right, and from the aspects of entity law and procedure law demonstrates the necessity of constructing the rural collective economic organization members’ right system and rationality, and the shareholder representative litigation theory can also fully demonstrates the era does.The fourth chapter, is the suit right of the members of the rural collective economic organization system construction, mainly through the comprehensive legislation on the rural collective economic organizations, giving rural collective economic organization legal person subject qualification, membership can Sue, a clear standard of rural collective economic organizations membership, such as the structure of the litigation system for the rural collective economic organization members clear theoretical barriers, and in reference to the company law suit right of the shareholder representative litigation theories of rural collective members of the system structure especially members of representative lawsuit system; In order to in the process of the rural collective economic development by the rural collective economic organization members on behalf of the litigation right of rural collective economic organizations collective interests better.