Study On The Revocation Of Peasants Collective Members

With the development of town-country integration.The collective membership influenced by internal factors and external factors increasingly.On the one hand,rural economic collectives villagers committee and its leaders make decisions,there is a problem of procedural undemocratic and illegal content,infract the members benefit right ang individual benefit right;On the other hand,no matter what rural collective property rights system reform or general provisions of civil law vesting rural economics collectives and villagers committe with the special legal status.It shows the rural collective economy and external contact exchange gradually strengthened.It leads to the rural collective organization outside personnei and the internal responsible person for the purpose of seeking illegitimate interests for the purpose of the violation of the legal rights and interests of the peasants.Overview current regulations of China,the regulations of protecation about the rights and interests of peasant collective members are scarce.Property lawstipulatethe right of rescission for protecting the collective membership rights,there is no doubt that the embarrassing situation of the relief of farmers' rights was broken.However,the relevant provisions of the revocation of collective members of peasants are more ambiguous.Aboutthe subject of rights,object of the rights,during the period of rights,legal effects are all failure to accurately locate the legal provisions.It leads to several difficulties and confusion about article 63,paragraph 2,of the property law.The collective membership is based on the rights enjoyed by the subject of a particular identity.There is no right to be a member without a right.However,due to the differences between historical tradition,the development of the society,hysteresis of the legal system,the qualification cognizance of the rural collective economic organization members there are identifying subject not clear,do not have a unified standard,a series of problems such as the program is not democratic.How to determine the eligibility criteria of rural collective economic organizations is an important prerequisite for studying the revocation of peasants' collective members.In a word,this paper starts with the concept of the revocation of the collective members of peasants,Through the regulation of the law of the collective member of the peasants,based on judicial practice,puts forward some problems in the exercise of the exercise of object exercise and the effect of the exercise of the object,in order to propose solutions to the problem.It is helpful to improve the legal value of the legal rights of peasants collective members.The third part,aiming at the problems existing in the practice of revocation of collective members of peasants,puts forward a solution to the improvement of the core system of the revocation of collective members of peasants.