Research On Rights Of Rural Collective Economic Organizations Membership

To protect the members of collective economic organizations has become a hot topic of concern to the State and farmers,the party's 19 report pointed out that the maintenance of land contract relations stable and long-term unchanged,the second round of land contract expires after the extension of 30 years,which gave the vast number of farmers to eat a reassuring.However,the concept of the membership of collective economic organizations and the standard of membership not only have no uniform stipulations,but also different ways of dealing with the present situation of legislation and judicature.This paper focuses on the general issues of the concept and content of collective economic organizations and the perfection of legislation and judicial system.This paper is composed of five parts.The first part expounds the background and significance of the selection of the members of rural collective economic organizations,the current research situation,research methods and innovation.The number of agricultural disputes in China has increased obviously,and the definition and protection of the members ' rights of rural collective economic organizations are the most prominent problems in the dispute.In view of this,it is necessary to rationally identify the concept of the membership right of collective economic organizations,determine the qualification of members,and take effective measures to protect the members of collective economic organizations,which is also the key link in the development of urban-rural integration and the deepening of rural reform.The second part not only sums up the concept,characteristics and nature of the member rights of collective economic organizations,but also analyzes the differences between the members of rural collective economic organizations and the related concepts,and expounds the development of the membership rights of collective economic organizations.It is the right of the peasant to manage and operate the affairs of the Collective Economic organization based on the membership of the collective economic organization,and to distribute the collective interests.As a characteristic civil rights of our country,the member right of collective economic organization has different contents in different periods of land systemreform,and it is influenced by social change and national policy.However,the distinction between the concept,the nature and other concepts in our country is very imperfect both in theory and in legislation,which is an important reason of different practice in our country.The third part analyzes the theoretical origin and normative value of the members rights of rural collective economic organizations in the aspects of theory.The theoretical Foundation lies in the collective ownership and the theory of the membership right,which lays a foundation for the perfection of the system.Perfecting the members of rural collective economic organizations not only restricts the formation of collective ownership,but also facilitates the realization of farmers ' rights and promotes the formation of their protective mechanism.Part ? from the modern rural collective economic organization members of the legislative and judicial status of China's collective economic organization members of the system of membership rights.As far as legislation is concerned,although the Law on land administration of the property law has made some provisions on the membership rights,there are no clear and uniform rules for the qualification criteria of the membership of collective economic organizations,which makes different ways and methods of dealing with them.In addition,the national Unification legislation also has not defined the court the scope of the case,causes the judicial relief channel to be imperfect.The problems of judicial practice are mainly embodied in the vague scope of the case and the difficulty of filing cases,on the other hand,the dispute over membership qualification is different from that of the local Court.Even the phenomenon of different courts in the same city is actually a problem embodied by the lack of uniform provisions on the membership rights of collective economic organizations.Part Five is the suggestion of perfecting the system of the member right of rural collective economic organization.On the one hand,it is important to pay attention to the content of the member rights of collective economic organizations and the criterion of the qualification of membership,on the other hand,we should pay attention to the judicial remedies of collective economic organizations.The paper points out that the disputes of members ' rights and the qualification of rural collective economic organizations should be explicitly included in the scope of the court's case,and the members should be withdrawn.Inaddition,the protection of the membership rights of collective economic organizations should also strengthen the role of government guidance and review.