The Legal Analysis Of The Membership Of Rural Collective Economic Organization

The criteria for membership of the rural collective economic organization have been apuzzle in theory and judicial practice, on which theorists have entered into endless arguments.The absence of uniform legal standards results in a large number of different sentences onsimilar cases in judicial practice. This paper attempts to find out the legal ways to resolve thisproblem.Except for the introduction and conclusion, there are three parts in this paper.The first part summarizes the reasons why the criteria for membership of the ruralcollective economic organization have been a central problem in present judicial practice bybriefly analyzing relevant cases.In the second part, the criteria for membership of the rural collective economicorganization in theory and judicial practice are combed. The writer has questioned about thecurrent mainstream criterion “household registration added with long-term production andliving and sources of livelihood” and has proposed the transition of the criterion from “status”to “contract”.The third part firstly describes the relationship between the body of China’s ruralcollective land ownership and the body of rural collective economic organization ownershipas well as the plight of the recognition of the collective economic organization membership.Through the analysis and summary of the Emphyteusis and various reformation modes ofland stocklization in China’s current rural areas, the writer has concluded that the onlyresolution to the stated problem is the corporate reform of the rural collective economicorganization. But for the corporate reform of the rural collective economic organization whichmakes the farmers shareholders and guaranties the shareholders’ rights being inherited andcirculated freely, the farmers shall truly and fairly share the added value of the collectivelands, thus ending the arguments on the sharers of the collective lands and the reasonablecriteria for the membership of the rural collective economic organization.