Research On The Membership Right Of The Rural Collective Organization

The member right of the rural collective organization is a special kind of identity in our country. It both has the property of the social security, and that of citizens’ private right. Rural collective organization rights are rights of private law, it makes a more complete summary of the rights from self-benefit right and co-benefit right as a member of the rural collective organization should enjoy. However, China’s existing laws don’t systematically stipulate related contents in member right of rural collective economic organization, only scattered in parts of laws and regulations, still can not provide a sufficient basis for the rural collective organization members exercise of rights and protection. In addition to lacking the relevant laws and regulations, it exists some dilemmas like the members can’t fully exercise rights and Relief difficulties. Therefore, this paper tries to discuss these defects in legislation to consummate legal system of the member right of the rural collective organization; secondly to analyzes the problems existing in the concrete rights as the breakthrough point, tries to break through difficulties of member right encountered in practice. Finally in a top-down manner, that is, from perfecting the member right of the basic elements, downward extending to the corrections specific rights, perfect the member right of rural collective organization, safeguard measure, give farmers’ land rights guaranteed, and promote the long-term development of the rural collective economy.In this paper, in addition to the introduction and the conclusion of the last chapter is divided into four parts, with more than thirty thousands words:The first chapter introduce the basic theory of member right. First introduces the concept and form of the member right of the rural collective organization, Finally, this paper introduces the new social background of the rural collective members right construction, to analysis of below ground.The second chapter discusses the qualification standards of the rural collective members in the current legislation, analyzes the problems existing in the legislation and the practical. And through the analysis of the existing qualification standards, suggest to build new qualification standards. Finally discussed the marriage changes in personnel, serving, students and the other special circumstances in qualification.The third chapter discusses the exertion of the rural collective members right in the current legislation, analyzes the problems existing in the legislation and the practical. Through studying the current situation, proposes measures to perfect the exertion of right, such as enrich the content of the right of members.The fourth chapter discusses the right relief of the rural collective members right in the current legislation, analyzes the problems existing in the legislation and the practical. Through to the right relief, especially the membership benefits and relief of common benefit for members, proposes measures to perfect the member right relief system.