Research On The Membership Right Of The Rural Collective Economic Organization

The “three rural issues” is the core problem for the political,economic and social construction of China all the time.However,the system of membership of rural collective economic organizations has not received much attention.Although the General Principles of Civil Law gives its special legal person status,the legislation not only lags behind,is not attached importance to,but also is with too many disputes and divergence in the theory circle.Starting from the background the above mentioned,the first chapter above all concerns on the concept of membership rights,and it includes the right subject,the definition,features.The third chapter focuses on the acquisition and the loss of the member right.Under these situations that there isn't any rules being capable to totally absorb the judge standards of the acquisition.Combined of legal provisions and judicial practice,This paper suggests the acquisition of the member right currently should implement the comprehensive judge standards in which the basic security standard and collective autonomy standard are regarded as the core,as well as the household registration standard being as an assist.The third chapter focuses on the exercise of the right to membership.It is not comprehensive enough because the provisions of the law are too scattered.The author proposed the improvement of the content of power exercise and the abuse of rights.The fourth chapter focuses on the relief of member rights.Due to the fragmented legislation,ambiguous content,and low awareness among members of their own rights protection,the author proposes to establish a unified legal system to clarify the scope of litigation subjects and courts.At the same time,the author proposes to improve the diversified dispute resolution mechanism and put forward a representative litigation and support prosecution system.When there is a violation,there can be better ways of relief.The author conducts research on membership qualifications,members' rights exercise and members' rights relief.Based on the deficiencies in the existing legislation and judicial practice,the author puts forward suggestions for improvement so as to better solve the problems in practice of the rural collective economic organization member rights system.