Research On The Membership Qualification Of Rural Collective Economic Organizations

For a long time,there is not a unified legal law and regulation of the rural collective economic organizations membership qualification for recognition. Although some places have introduced local regulations or judicial policies,the rural collective economic organizations membership qualification is disputes and differences.As the 18th National Congress of the Communist Party of China be held and the layout of the thirteenth five-year plan,the new rural construction is increasing.A lot of questions of the membership qualification which trial practice involves are increasingly outstanding,and their lawsuits are complicated,mainly including rural land expropriation and requisition compensation,collective land income distribution and so on.Because there isn’t a unified qualification standard and the villagers’autonomy,some villagers don’t have a clear membership and their rights are out of protection.The thesis will introduce the history of the rural collective economic organizations,rural collective economic organizations membership overview and the legislative status quo of the rural collective economic organizations membership qualification,etc,then through the analysis of the case,I will find lack of unified legislative reasons of the rural collective economic organizations membership qualification,in the end I will clear standard of the rural collective economic organizations membership qualification,in order to cause the attention of the Central Committee of the Communist Party of China,legislate as soon as possible,make the rights and interest of the members effective,systematic,comprehensive protection.The thesis is divided into six parts as follows.The first part is the history of the rural collective economic organizations.It mainly introduces the development of the rural collective economic organizations in our country. In the different historical period,the name and nature of the rural collective economic organization are changing.Because the rural collective economic organization has the Chinese characteristics,only finding the evolution course of it,can make the rural collective economic organizations be fully understanding and clear standard of the rural collective economic organizations membership qualification.The second part is the rural collective economic organizations membership overview.It mainly introduces the concept of the rural collective economic organizations and its membership,and the difference and contact between the rural collective economic organizations and the village committee,and the difference and contact between the collective members and the villagers.To clear the rural collective economic organizations membership is the premise and condition of the rural collective economic organizations specific rights.Only having the rural collective economic organizations membership,can they enjoy the rights and interests of the rural collective economic organizations.At the same time,according to the principle of the unity of rights and obligations,the rural collective economic organization members not only have rights,but also undertake corresponding obligations.Rights and obligations are complementary to each other and come up together.Each member of the rural collective economic organizations shall have the same rights and obligations.There can’t be distinguished and discriminatory between each other.The third part is the legislative status quo of the rural collective economic organizations membership.It mainly collects the current relevant central and local rural laws and regulations of the rural collective economic organizations membership,then analyzes and classifies the current legislation of rural collective economic organizations membership.In the end,I will find the defects and shortages of laws and regulations.The fourth part is the process in the judicial practice to the problem of the rural collective economic organizations membership.It mainly analyze the case which I act for.From the judicial case to find the solution of the rural collective economic organization members qualification standards or to seek judicial practice court judging basis and processing methods.The fifth part is the cause of the rural collective economic organizations membership lacking a unified legislation.After the in-depth analysis of the historical evolution of the collective economic organizations,the status of the current legislation and judicial practice,I will find out the reasons of the collective member qualification lacking a unified legislation as much as possible and be able to solve them.The sixth part is the legislation suggestions of the rural collective economic organizations membership.It mainly finds the legislative defects of the current law according to the analysis of the previous parts.I will put forward the standard of the rural collective economic organizations membership through the judicial case processing.They are acquisition and extermination.According to nationality standard in the private international law,it concludes the original acquisition and derivative acquisition.The causes of extermination are the death,qualified as other members of the collective economic organizations,and incorporated into the social security system of urban residents. Within the framework of the basic standards,it will have some special provisions on special circumstances.Taking the legislative model of special circumstances can more fully protect the rural collective economic organization members and protect the fundamental rights of the rural collective economic organization members from illegal infringement.