Research On The Members’ Right Of The Rural Collective Economic Orgnization

As the embodiment of the system of collective ownership in law, collective ownership established with strong political attribute,however, its attribute of private right was mercilessly run. With the development of social production and the update of life style, its political attribute has increasingly become the shackle of the development of collective economy.If we want to maintain the vitality of the collective economy, we must to break the shackle,and power on the protection of peasants’ right.To a certain extent,the system of rural collective economic organization members’right bears the function.The current law involves this right,but it regulate few on specific systems,which cause many controversys and disputes in practice.Therefore, this article applicate the basic theory of civil law and the practice of property right system of rural collective economic organization reformation currently,to explore the members’right system of collective economy organization, in order to contribute to theoretical research and legislation.This article consists of four parts.The first part is the definition of the rural collective economic organization members’ right.First of all.the article analyzed the general sense of the members’ right,thinking that it refers to a series of rights and obligations to a group,which belong to natural persons,legal persons or other organizations,who have a membership with the group,based on the law and the constitution formulated by the group. Secondly,this paper defines the rural collective economic organization,considering that it has two meanings:one refers to the legal economic institution which established in villages by the public administrative power, consisted by the village members within the region;another is the organization of the institution;Finally,the article explores the meaning of rural collective economic organization members’right,thinking that it refers to a series of sharing and managing rights and obligations,which belongs to persons who have a membership with the rural collective economic organization,in accordance with the law and the articles of the collective economic organization.The second part analyzed the three elements of the right:the subject,the object and the content.As for the subject,the writer put forward that membership shall be identificated by orderly applicating three standard:basic security,collective autonomy,andthe economic and living collection with the orgnization,if it still unable to determine, the judicial organs could identified on various factors.As for the content, firstly,divided the right of members into direct benefit right and indirect benefit right. The direct benefit right includes the right to benefit from land,the right to distribut the income of the orgnization;the indirect benefit right is the right of management. Secondly, the paper analyses each right above. Finally, the paper emphasizes that at the same time of enjoying the right,the members should fulfill the corresponding obligations.As for the object,the auther pointed out that the objects of the members’ right includes not only the land and buildings,but also behaviors, intellectual achievements, negotiable securities, even including rights.The third part described the exercisment of the right of the members of the rural collective economic organization.First of all,the author analyses the right of members,holding the oppion that the members’ right could be gotten when three legal facts happened,they are birth,adoption and marriage.Besides,natural person who do not enjoy the city security,can get the membership based on the application by herself or himself.Secondly, the author discussed the loss of the members’ right,believing that the members’ right can be lost when three kinds of legal facts occurred:the death,the gotten of urban basic security,and joining other collective economic organizations;the members’ right can also be lost according to the true want. Finally,the author pointed out that the realization of members’right depends on many other mature conditions.The fourth part is the protection of the members’ right.First of all, thinking that the legislations of right protection has defects on three aspects:the legislations are too scattered and broken,th regulation scope is too narrow,and the operation is poor;in practice,there are also three aspects of problems:the membership disputes are difficult to break, the protection to individual memberas is week,and the protection of common rights of members is inadequate.Secondly,the author put forward the view on how to perfect the protection system of the members’ right,believing that we should make the "rural collective economic organization law",and set up a special chapter to systematicly regulate the members’ right. Besides the author puts forward three suggestions on institutional arrangement.