On Qualification And Judicial Relief Of Members Of Rural Collective Economic Organizations

Qualification of rural collective economic organizations members is a basic problem to promote the reform of various rural undertakings.It is also a major issue that concerns the immediate rights and interests of the broad masses of the rural people.However,at present,there is a great controversy in both practice and theory.The criteria for determining the qualifications vary,and the failure to guarantee the right to appeal is the two most prominent problems in determining the qualifications of collective members.Collective economic organizations are set up in order to create a stable state of production and life between people in specific regions.Therefor,the recognition of collective membership should also conform to the purpose of this distribution of rights and interests.This paper puts forward that the reconstruction of the criterion of collective membership qualification should adhere to the concept of joint production and life,the concept of openness and the concept of non-violation of the prohibition and punishment.On the basis of that,we should combine the common production and life standard with contribution criterion.And raise it to the legal level so that come into being a adjudication norms,which general norms governing the conduct of judicial decisions as a guide to membership determination.As the Occidental proverb says,no relief,no rights.Nowadays the application of dispute over collective membership determination often not be accepted by the judge.The reason they said that is lack of legal authority.As a result,the right of action of the right holder is not guaranteed.So the right holder shall be allowed to bring a suit to the court on the ground that the collective membership determines the dispute so that guarantee their rights to judicial remedies.First of all,the collective membership qualification dispute should be established as an independent claim,which means actionable.Secondly,it should be included in civil proceedings with the independent case of establishing a collective membership qualification dispute to make facilitating the prosecution of parties and the court's hearing of such cases.In the end,the concept of limited judicial remedies should be established.In dealing with the relationship between judicial power and autonomy,the failure of justice should be maintained.Carry out the necessary judicial supervision on the basis of respect autonomy.From the entity and program two dimensions,review of the legality of criteria or agreements under collective autonomy.After review,the rules governing the admission of new members are recognized.The rules on the deprivation of membership should be treated with caution.If such rules violate the norms of state prohibition,they should be denied their effectiveness.