Researches On The Identification Of The Members Of Village Collective Economic Organizations In The Trial

In recent years,the issue about "three parts of rural" always drawing the attention of the state and government.Inevitable factors,like livelihood problems of farmers,as well as the protection of the rights and interests of the members in the organizations of village collective economic,are speeding up the process of integration of urban and rural areas.With the rapid development of China's economic and society,the land of countryside expropriating and the cases exploding.While preserving the rights of the members of organization of village collective economic,we should clear the membership criteria of the organization.This is not only related to the family contract work,the normal operation of land contract management rights,as well as the villager's autonomy.The conception about members of organization of village collective economic is,well,of course,different from other members of economic organization.First of all,the collective members have the characteristics of local acquaintance society.The members of the collective which has the characteristics of the acquaintance society,are composed of relatively stable members.Secondly,the members of the collective organization means some kind of economic rights.Members of organizations of the village collective economic have the rights of the landcontract management,and farmers can be traded and produced under legal supervision.Third,the rights of collective members are generated by identity.Therefore,right of members is compatible by identity as well as the economy.In the real situation,there are various kinds of perplexing condition between property rights and identity one.Furthermore,the key to solve the problems of membership organization are,of course,make a magnificent definition about the members of organizations of village collective economic.Clarify the relationship between economic rights and identity rights of collective members will be regarded as the theoretical foundation of the village collective economic organizations qualification standards.It's not,merely,encouraged farmers to participate in the generation,but also help to heated up the enthusiasm of farmers.Clarify the membership criteria of the organization will make great contribution to family contract work,and would maintain the stable and harmonious development of rural social environment.Once the rights and interests of farmers are guaranteed,the income of the member will be boosted,and the living standard and environment would be further enhanced either.However,the process of the integration of urban and rural areas is hindered,leading directly to diminishing the scale of agricultural and insufficiency used the farmland.The main reason is that the country does not have a unified standard for the members of organizations of the village collective economic.Our legal system,well still,did not give a clear definition for several related conceptions.In the substantial law,related to this concept may vary,but there's not have an comprehensive definition for concept of a content,either on the acquired and lose the membership of rural collective economic organizations.There are still some gaps in the process,basis and relief of qualification.Thus,there are still some problems in the judicial trial.Because of the legal vacancy,there is no provision as a reference in the exercise of jurisdiction,so that some court dismissed the case since prosecution,so that the right of farmers had been violated,the qualification of being judicial trial was dismissed,too.Members of the organization lost the last line of defense to protect their legitimate rights and interests;Secondly,because everyone has their own different values and world views,so each judge has its own points on understanding the membership of the rural collective economic organization,so the trial of the judging method also vary.It is precisely because there are no particularly provisions of the several conceptions,resulting in the phenomenon of violations of farmers' rights and interests boosting.The article is divided into five parts,the first part was about the introduction,a detailed description of the source of the topic,the purpose and significance of research,domestic research status,the research methods and case sources;in order to lay a good foundation for the follow-ups and pave the way for the researches,in the second part the article attempts to clarify the related concepts and clarify the meaning of the concept;Third parts,this paper focuses on the membership dispute cases in Guangxi Zhuang Autonomous Region for in the past five years,and summarizes the types of cases which involved in the qualification in dispute;In the fourth part,we pointing out the existing problem in the trial court while they judging;In the fifth part,we talking about the solution.In general,this article will using last five years in Guangxi people's judicial precedent as a breakthrough,try to defining the related concepts,and attempt to summarizing and analyzing The relevant data and cases which the court released.Then try to find the path and solve it,then the court can serve it's judicial functions,and the legal rights and interests of the farmers will be in effective protection.