On The Identification Of Members' Qualification Of The Rural Collective Economic Organizations

The membership qualification of rural collective economic organizations is related to the demise of membership,which in turn determines whether members' rights can be enjoyed.At present,the disputes concerning the distribution of collective income of agriculture in the judicial practice are in a multi-disciplinary situation,and the resolution of relevant disputes cannot avoid the issue of membership qualification.However,due to the lack of legal supply,the current membership identify system is still not perfect.Among them,the identification standards and judicial relief issues are prominent,mainly manifested in the confusion of the standard of identification and the lack of judicial relief.In response to the above problems,scholars have proposed many solutions,and many explorations have been carried out in practice,but no consensus has yet been reached.For the problems of identification standards,in view of the shortcomings of the single standard of household registration,the parties proposed a composite standard(which combine household registration with other standards),a substantive standard,a collective autonomy standard,and a laborer standard.As for the issue of judicial relief,the main dispute currently exists is whether the dispute of membership identification is suable and litigant.At the same time,how to coordinate judicial power and collective autonomy is also one of the aspects that must be paid attention to in improving judicial relief.Rural issues have always been a complex issue,and there are complex factors behind membership identification.First of all,under the guidance of the concept of coordinated urban and rural development,various rural reform measures have been steadily advanced,and the household registration system and social security system have been gradually improved.These changes have an impact on membership qualification.At the same time,in the context of the rapid development of urbanization,the flow of population and land between urban and rural areas has also aggravated the complexity of the problem.Secondly,from the historical perspective.After the establishment of collective ownership of rural land,collective land has added a guarantee function in addition to the production function.The rural collective economic organization was born in the cooperative movement of agricultural production.Changing from the political and social integration system to political and social separation system,how to coordinate the economic functions and security functions of collective economic organizations also affects the issue of membership identification.Coupled with the lack of systematic of past policies,the same problem often has contradictory views.Therefore,the selection of membership qualification standards needs to take into account the unity and inclusiveness of standards;the improvement of judicial relief must also coordinate the relationship between collective autonomy and judicial power.The historical experience of rural reform tells us that the solution to the problem often comes from rural practice,especially in the context of the reform of rural collective property rights system.The guidance of a large number of membership confirmations has been provided,which provides us with rich practical experience.Therefore,this paper follows the problem-oriented writing ideas,pays attention to the practical experience of all parties,conducts inductive analysis and systematic comparison of various normative texts through text research methods,and proposes solutions to problems under the guidance of relevant theories.The full text is divided into three parts,which are based on the idea of asking questions-analyzing problems-solving problems.The first part summarizes the status quo of membership qualification from the three levels of legislation,administration and judiciary and summarizes the two major problems,that is,the standard confusion and judicial deficiencies.The second part is aimed at the core of the membership certification system,the identification standards,summarizing,comparing and analyzing various major identification standards.From the perspective of rationality,it advocates the adoption of household registration + survival guarantee standards.The third part proposes specific improvement suggestions for the two major problems.