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Research On The Effectiveness Of Collective Resolutions Of Farmers

Posted on:2019-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:T H DuFull Text:PDF
GTID:2346330545998435Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In 2018,the central No.1 document put forward that the rural social modernization was basically realized through the implementation of the strategy of Rural Revitalization.The reform of the rural collective property system was the main content.With the accumulation of collective assets,the collective assets formed a considerable scale.The 29 pilot counties identified in 2015 had checked the collective assets of 112 billion 560 million yuan and 2805 of the land..8 million mu,in order to give collective members more property rights,the rural collective assets will be quantified into shares,so as to better realize the distribution rights of each farmerís collective income.In the eighteen major reports,the emphasis is put on the maintenance of collective income distribution rights of collective members.In 2015,the agricultural sector set up a pilot of the reform of the collective property rights system.There were many problems due to the lack of clear provisions of the law.The collective income distribution right is a right of collective members to share the collective income.In the place of collective assets shareholding system reform,the collective assets share right of share income,and in most areas it is still the right of collective income distribution.The right to distribute collective income is a right between collective members and collectives.The right of collective income distribution is not only a kind of expectant right,but also a kind of right of request,belonging to property ownership.It has the property of special property,equality,private law and public law appeal.The main body of collective income distribution right is the collective member,the object is the distributable collective income,the subject has the right to request the distribution of collective income as well as the right to obtain the distribution right of collective income,and also has the right to participate in the meeting and vote collective resolution.It is confirmed by law that the right of collective income distribution can guarantee the individual interests of the collective members,defuse the rights disputes between collective members and collectives and can indirectly promote the appreciation of collective assets.But from the view of judicial practice,there are a lot of problems in the collective income distribution right in practice through 178 cases.These problems are sharp and need to be stipulated in the law.Whether the dispute is included in the judicial review,whether the court should confirm the effectiveness of the collective income distribution rule,and what is the main bodyís identification standard.The author thinks that the right of collective income distribution should be clearly defined in the law of real right,and a unified regulation is made by formulating the main body of the collective income distribution right,the rule of determining the effectiveness of the collective income distribution scheme and the judicial relief of the collective income distribution right by the law of the rural collective economic organization.First,we should clarify the right of judicial review of collective income distribution rights.The two problems of the disputes arising from the decentralization of collective income should be classified,"divided" and "divided",which are decided by the rural collective economic organization based on its own economic development and are not accepted.Secondly,we should unify the rule of determining the effectiveness of the collective income distribution scheme,clarify the judicial review right of the judicial organs to negotiate the villagersí democratic procedure and the legitimacy of the content,but at the same time,we must standardize the degree of judicial intervention and judicial disposal of the Democratic protocol.We can consider the "two litigation" procedure to the "distribution plan".The litigation is standardized.Finally,the standard of determining the main body of the distribution right of the collective income of farmers is standardized,the legislation establishes the essence and the standard of the form of the membership of the collective economic organization,the form standard should be applied priority in practice,and the substantive standard is not true and inaccurate in the case that the collective economic organization is not set up or the records are not true and inaccurate.A record that is enough to overthrow the roster of a member.
Keywords/Search Tags:Collective income distribution right, Judicial review, Membership of collective economic organization, Distribution rule of collective income
PDF Full Text Request
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