On Determination On The Qualification Of Members Of The Rural Collective Economic Organization

The member in the rural collective economic organization refers to the natural personwho legally obtains the agricultural registered permanent residence where the rural collectiveeconomic organization is located and engages in production and lives in the organization orthe natural person who notwithstanding not conforming to or not completely conforming tothe aforesaid requirements, takes the land in the organization as the basic life guarantee, whoshall be determined with the qualification of one member of the organization. In landacquisition, whether a natural person is determined as the member of the collective economicorganization decides whether such person can enjoy the compensation and replacement fromland acquisition and obtain collective fund. The current legislation on the determination onthe qualification of members of the rural collective economic organization in our country isinattentive, in which registered permanent residence and the land contracted managementright are generally taken as the standards for the qualification of members of the ruralcollective economic organization. The lack of unified and detailed legal provisions as well asthe discretionary power of the local government and the restriction from the traditionalthought and the regulation of village and nongovernmental agreement makes it difficult tocompletely resolve the complex cases in the practice. Therefore, the key to resolve suchproblems at present is: the first is to grasp the basic principles for determining thequalification of members of the rural collective economic organization, the principle of lifeguarantee, that is, members of the rural collective economic organization may not be judgedas loss the qualification of members not only because of the loss of registered permanentresidence and the land contracted management right if the members have no basic lifeguarantee. The second is to make respective determination according to different situations inthe premise to grasp the basic principles, including the natural person going out to learn,serving in the army or reforming through labor and reeducating through labor whoseregistered permanent residence emigrates does not necessarily lose the qualification ofmembers the rural collective economic organization; the qualification of the persons whoseregistered permanent residence emigrates because of marriage is determined according to themajor production and life place in the premise to ensure the basic life guarantee; the naturalperson retiring or not living in the registered permanent residence who is incorporated into the urban social security system is unable to own the qualification of members the rural collectiveeconomic organization even if his registered permanent residence moves back to thecountryside; the transfer of he land contracted management right has no effect on the rightsand obligations between the contractor and the contracted, and the third party of retransfer orrent is unable to gain the allocation right to collective fund of the land; the land abandoned orreturned must go through the strict procedures and the natural person who orally abandons theland or has the land fallow still owns the land contracted management right; the landcontracted management right under household contract can not be succeeded. Owing to theimperfection of the current legislation, it is suggested to formulate feasible and unifiedstandards for determination, including standards for determination, general circumstances ofacquisition and loss and the treatment under special circumstances, respectively elaboratingthe basic requirements for determination, common circumstances for acquisition and loss ofqualification and how to determine under special circumstances.