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Study On The Qualification Recognition Of The Collective Economic Organizations Of Rural "Outside Married Women"

Posted on:2020-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:E J M NuoFull Text:PDF
GTID:2416330590454940Subject:legal
Abstract/Summary:PDF Full Text Request
With the acceleration of China's urbanization process,disputes have arisen in activities such as land compensation and demolition and relocation.Among them,the typical cases are the various disputes and contradictions arising from the identification of the membership of the collective economic organization in rural “married women”.Due to the lack of clear legal provisions on the membership of this group of people,the rights of “foreign married women” are not effectively relieved.In practice,from the moment when "foreign married women" are made to have membership in collective economic organizations,there are corresponding problems and confusions in the practice of seeking relief.Specifically,there are certain problems in the subjects,procedures,standards,and relief channels for determining whether a “married woman” has membership.In practice,some village cadres or some villagers' representatives randomly exclude the membership of the "outside marrying women" collective economic organization,depriving or restricting the rights of "outside marrying women".When the "married woman" appealed to the court,some courts considered that it belonged to the scope of autonomy and did not belong to the scope of the case and was not accepted.In other courts,the criteria for determining the membership of a collective economic organization are not the same.Some courts believe that household registration should be the sole criterion for judgment.Some courts have ruled out the criteria for determining household registration.Some courts have adopted the composite identification criteria of user registration + other factors.The judgment of the judicial organs is more prominent.This paper believes that,first of all,from the "source" governance,determine the subject,procedure,and identification criteria for the membership qualification of the "outside marrying women" collective economic organization,and guarantee the last line of defense role of judicial relief.Specifically,the identified subject should be identified as the collective economic organization itself and its identification procedures should be standardized,and appropriate judicial interpretations or trial guidance opinions should be issued as soon as possible,and the standardizationcriteria should be unified.As for the final criteria for recognition,the results of democratic consultations on the qualifications of the members of the collective economic organization itself should be fully respected.If they identify illegal laws and regulations and damage the rights of “foreign married women”,corresponding relief should be provided.The identification criteria at this time should be specifically analyzed for specific problems.According to the specific circumstances,combined with the priority conditions applicable to the judgment factors such as substantive conditions,exclusion conditions,and reinforcement conditions,the judgment should be considered comprehensively.This paper aims to provide a solution to the above-mentioned problems by studying the status quo of the membership qualification of the current "married women" collective economic organization,with a view to providing a solution path and ideas for the case of "foreign married women" membership qualification.
Keywords/Search Tags:foreign married women, collective economic organization, membership, practice research
PDF Full Text Request
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