Study On The Cancellation Right Of Peasant Collective Members

The second paragraph of article 63 of the property law stipulates the system of cancellation right of peasant collective members.This article is designed by establishing the system of cancellation right.On the one hand,the member rights of collective economic organizations are guaranteed by legislation.On the other hand,it is also a system innovation.It is to safeguard farmer collective member legitimate rights and interests to develop by leaps and bounds in judicatory domain.However,the legislative provisions of collective member revocation right are too general and no uniform standard for the application of law.Those lead to the confusion of the application of the system of revocation right in judicial practice,so it is not conducive to fundamentally safeguarding the rights and interests of members of collective economic organizations.The author sorts out the current judicial status of the revocation right of farmers' collective members and points out the problems in the legal application of the subject,object and conditions of the revocation right system of peasant collective members and put forwards to perfect farmer collective member cancels the idea of this one major innovation system.This paper is divided into five parts.The first part points out four problems in the judicial practice.Firstly is the choice of procedure in the issue of civil or administrative litigation should be chosen.Secondly is the subject of the right of revocation is not unified.That is,the determination of the collective membership qualification standard of the subject of the exercise of rights.Thirdly is the scope of the object of revocation right is too narrow.Specific including whether the decision of the villagers group can be regarded as the object of the revocation right it is not clear and the decision in the object of revocation right is too narrow.Fourthly,the problem of inconsistent application of law in the process of exercising the revocation right is discussed.Whether the collective members can file a lawsuit of revocation right on the ground of infringement of collective rights and interests.The second part to the fifth part is to propose specific solutions to the four problems in the first part.The second part is the procedure selection of revocation right lawsuit.Through the judicial practice of the right to cancel the civil cases and administrative litigation judgment type of dredging,the author analyzes the limitation of administrative litigation and the rationality of civil litigation.In the third part,the author analyzes the different standards of the subject of revocation right.Pointing out to form own program system inside collective organization in the identification process and to comprehensively consider the household registration factor and the degree of production and living connection of collective economic organizations,the contribution of collective economic organizations,and the degree of dependence on collective land.The fourth part starts with sorting out the differences of the scope of the object of revocation right.Make clear the applicable conditions of the object of revocation right.Pointing out the decision of the villagers group should be added as the object scope of the revocation right and expand the scope of the decision in two ways to improve the scope of the object of the revocation right.The fifth part points out the differences in the application of law on the conditions of revocation right.That is to say namely collective member whether can be damaged with collective interest and institute revoke authority lawsuit.After the author through the collective economic organization member right nature and the member benefit and the collective benefit relations two aspects analysis concluding that the collective members can Sue for the right of revocation for the damage of collective interests.Therefore,the law is applicable to unify the conditions for the exercise of revocation right.