Research On Legal System Of The Collective Economy Organization Member And The Achieving Mechanism

Members of the rural collective economic rights organizations are members of the general rights of rural collective economic organization based on the membership of the rural collective economic organizations and enjoyed. General membership right embodied in the identity of the members of both the right and has property,but also has some manageability. China’s current farmers, the rural collective economic organizations is the norm in rural society,and their production and living can not be separated, so that members of the right to membership based on the rural collective economic organizations and farmers enjoyed for one can not be ignored important rights. However, in practice,the rights of farmers should not be the appropriate maintenance organization against the legitimate rights and interests of the members of the rural collective economic cases are numerous. Member causes a lot of legitimate rights and interests have been infringed, but the members of the rural collective economic organizations the right is not clear which one of the more important reasons. This article is by legal connotation and theoretical basis for membership right theoretically clear, and then through the compilation of relevant case material clearly Practice and a member of the right to membership rights enjoyed by members achieve real obstacles, and finally analyzed and summarized in the presence of members of the right to achieve Obstacles on the basis of reason,we make relevant recommendations, expected to provide some help for the realization of the right of members.Articles using the method of historical analysis and normative analysis, the use of the right to be a member of the relevant legal theory analysis, system analysis and normative analysis of specific rights and the right to be a member, to build membership right ought effective system of rights and legal mechanisms to achieve. In addition, by the method of text comparison and case studies, analyze and summarize the members realize the right to exist, such as the right to subject members of the law is imperfect, the legal content of the right member shall not complete, members of the right to exercise the legal requirement is unreasonable and members of right relief the law is not perfect and so on.After the relevant empirical material to analyze, the paper proposes countermeasures, with a view to achieve a member of the right escort: First, improve the legal basis for the rural collective economic organization members the right, through the development of "rural collective economic organizations Law" to define the members of the right should have the right content; secondly, to improve the rural collective economic organization of members of the right to exercise mechanism, the mechanism for the exercise of power by members of the right to regulate the right to the final realization of a member to provide a theoretical basis; again, improve the rural collective economic organization of members of right relief mechanism. Specific performance from tort liability law remedies rural collective economic organization members the right to revoke the right to litigation and members of peasant collective economic organizations members of the rural collective economic organizations the right to several aspects of the derivative action to investigate members of the right remedy to improve the rural collective economic organizations.