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Analysis On The Case Of Collective Economic Organization Member's Qualification Dispute Between Zhao And Village Committee

Posted on:2018-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:J J HeFull Text:PDF
GTID:2346330542969534Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to the distribution on the land compensation funds,distributes happened between Majiawan villagers' committee and 27 plaintiffs.Villages' commitee unallocated the village land compensation to 27 plaintiffs,which were considered asthe nephews of the village.Court declared that the defendant Majiawanvillagers'committee pay the 27 plaintiffs 5,000 yuan per personas land compensation fee,a total of 135,000 yuan funds together.The plaintiff and defendant did not appeal.In this case the issue is:whether the plaintiff has 27 collective economic organizations membership is legitimate and whether the defendant's conduct constitutes infringement.The current standard of related laws and inadequate qualification for the group members,theorists and practitioners there is considerable controversy.Relevant normative documents identified in that standard are:household registration as a recognized standard,rights and obligations as a recognized standard and integrated recognized standards.The main academic point of view can be summarized as:registration Marxist theory,the only villager theory,the right to acquire land management as well as the rights and obligations on the Formation of.Through the existing legislative texts and academic point of view a comprehensive analysis,we can draw the general standards of qualifying membership of rural collective economic organization,which having agriculture accountsis premise of qualifying rural collective economic organization membership,rights and obligations in fact formed and whether collective land economic organization as the basic source of livelihood;special circumstances that standard,which includes:eligibility marital relationship identification,qualification hanging household problems occur,accreditation occurs because fertility policy,qualification and due account migration occurs qualification,etc.due to the relocation of situation occurs.In determining the members of the rural merits of the case can be drawn:27 plaintiffs have Ma Wan collective economic organization membership committee acts are violations defendant should pay the plaintiffs land compensation.
Keywords/Search Tags:Membership Land Compensation Rural, Collective Economic, Organization
PDF Full Text Request
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