Research On The Membership Right Of Rural Collective Economic Organizations

The membership right of rural collective economic organizations is the fundamental right of the members of rural collective economic organizations.As a type of membership rights,the right to membership of rural collective economic organizations is complex.At present,The academic research on this theory is active in China.On the one hand,some positive result have been formed;on the other hand,there are also many controversy and divergence.From the perspective of legislative provisions,there is no integrate legal norm system in China.The concrete substance of the existing provisions are not only scattered but also lack of comprehensive.The gain of membership is the prerequisite for the acquisition of membership rights,however,not only the subject of membership determination is not clear,but also the standard of identification is not uniform either.At present,the substance of membership rights has not formed a integrated system,and the concrete content should be further refined.With regard to remedies for membership,the existing provisions are too few,it has caused a lot of puzzle in judicial practice.To consummate the membership rights of rural collective economic organizations,uniform legislation should be adopted,In order to bring about normalization and systematization.In this regard,It may be considered that the Rural Collective Economic Organizational Law or Rural Collective Economic Organizations Regulations should be stipulated.Firstly,With regard to membership,it is clearly determined by rural collective economic organizations and people's courts on the basis of composite standards.Compound standards should in proper sequence consider such elements as household registration,factual production and living,basic living security,rights and obligations,and collective organization autonomy in turn.Next,The substance of membership is divided into entity rights and procedural rights,In addition,other forms of rights should be further supplemented,and shape a integrated system of rights.Finally,The remedy of membership rights can be divided into three situations:the remedy of qualification,the remedy of individual rights and the remedy of common interests,and therelevant relief routes should be constructed or perfected respectively.