A Study On The Right Of Revocation In The Rural Collective Member

As a result of the generality of the right of revocation in the rural collective member in the Law of Real Rights,There are so many difference in the apply of this right in judicial practice,which often lead to similar cases different judgments.The right of revocation in the rural collective member is a complex right with both right of claim trait and right of formation trait,and right of action of formation is a special form of right of formation.Based on a fully consideration of the legislative purpose and the value of the right of revocation,It is more reasonable to define the right of revocation in the rural collective member as the right of formation of litigation.Only the one who have the qualification of rural collective member can exercise the right of revocation in the rural collective member.Qualify the rural collective members should consider household registration,rural contracted management rights of land,social security,the duty of villagers,habitual residence and other factors.The reason of revocation should be the infringement on rural collective members of the real right.The deadline of exercise must be ascertained in a way that combining the nature of the right with the actual application situation of the right,the deadline date should begin at the date when the decision is made.On the effect of the exercise of the right,It is unfavorable to give a judgment to pay,combining the theory of litigation right with the procedural law,It will be more appropriate to inform the parties charged separately.