Study On Representative Litigation Of Rural Collective Economic Organizations

The rural collective economic organizations,in a special legal status of the independent members of the collective rights,enjoy membership as a member of the right.Because of organizational characteristics,the rural collective economic organization management rights exercised by managers,members of the collective are not directly involved in the management of collective economic organizations.In real life,there will be third people against the organization's interest,the rural collective economic organization's management of foreign idle to exercise the responsibility of the rights or the management is the infringer phenomenon.Data show that the frequent phenomenon of corruption in rural areas,and the appearance of corruption in the rural collective economic organizations in the higher frequency,if the rural a member of the collective economic organizations filed a lawsuit,because the plaintiff is not qualified,the court will dismiss the law suit,members cannot get judicial relief.Managers into for the frequent infringement cases,one reason for this phenomenon is frequent and the members of the representative litigation system are not complete.The reality of our country,the rural collective economic organizations have a huge amount,the average to each village in the amount of assets is not small,in recent years,"three rural issues" has been from the government,scholars and the society.The rural collective economic organizations related to the rise and fall of China's "three rural" issues,thus affecting our country should provide adequate protection beneficial to the people's livelihood,on the part of the assets.The paper analyses the current situation of rural collective economic organizations,using historical analysis,standard analysis and case analysis method,this paper expounds the concept and characteristics of the members on behalf of the lawsuit,and analyzes its nature and function.Through the method of endogenous group legal argumentation and the personality of corporation law in group law,theoretical basis of litigation is on behalf of members the investigation of the existing system.The rural collective economic organization legislation and judicial status,and then analyzes the members of representative litigation in reality possible problems.Then further discusses the representative litigation system itself has difficulties,and combined with the actual situation of Rural Institutional Predicament analysis of rural collective economic organization members on behalf of the lawsuit system may exist.Through the analysis,this paper put forward a series of system design,in order to achieve desired effects.First of all,this article through the unified legislation of rural collective economic organization members on behalf of the litigation system,with members of the rural collective economic organizations filed a lawsuit on behalf of the right to maintain collective economic organization rights through litigation way to make it in the rural collective economic organizations the manager fails to exercise their rights or the management itself is the infringement.Secondly,combining with it own characteristics of the rural collective economic organization,and the characteristics of the rural collective economic organization members,made a series of system design in particular,such as the plaintiff qualification,to prevent the abuse of litigious rights provisions.Finally in order to solve,members set up representative litigation dilemma,reduce litigation cost and increase the litigation benefits litigation incentive system,in order to increase the likelihood of success,given the right to audit or provisions in the litigation of burden of proof.