Research On The Legal Problem For The Definition Of Membership Of Rural Collective Economic Organizations

In examining the membership of the rural collective economic organization,the identity of the rural collective economic organization is defined from the perspective of practice and the angle of judicial trial.In addition to taking the household registration factor into account,it mainly takes other definition standards,which is not the main standard to define the membership,but a standard of formal appearance,which plays the role of publicity,and the other main standard is defined.The substantive standards of their qualifications.In conclusion,the standard of defining membership needs to meet the requirements of form and essence.The formal elements are based on the actual conditions of our country,and investigate the simple and easy operation standard of household registration.And the essential elements are divided into main standards and secondary standards,taking the rights and obligations as the main standard,taking the basic survival guarantee of the agricultural land as the secondary standard,and combining the primary and secondary standards to consider whether the members of the collective economic organization of a village should be determined to be members of a village.In the criterion of judging the loss of memberships,the replaceable standard is mainly discussed in practice,which lacks practical operability.After the qualification of the members of the collective economic organization is determined,the members who have been excluded from the members’ status are voluntarily applying for withdrawal and the emergence of the legal cause can not be directly and simply identified as the member’s loss in the membership of the collective economic organization of the village.As the member’s identity has the right to membership,the right of land income derived from the land contract right and management right is intersected in practice and member rights.In the judicial field,the case of land requisition compensation disputes is mostly due to the conflict between the membership right and the income right.In order to coordinate the conflict between the two,we must adhere to the allocation of members’ rights and allocate the population of the contracted land as the object of distribution.The key is still the definition of membership.