Research On The Problems And Countermeasures Of Judicial Determination Of Membership In Collective Economic Organizations

With the development of urbanization,the land of Chinese peasants has been continuously levied,and the government has given farmers certain compensation according to the levying compensation standard.However,the levying of peasant land still causes a series of disputes.The disputes over the allocation of compensation for land acquisition are particularly prominent in land acquisition disputes.In the judicial practice,the court's acceptance of the disputes over the allocation of compensation for land acquisition is subject to the recognition of membership.The land acquisition compensation payment dispute is different from other civil disputes.The frequency of the outbreak is high.The plaintiff has general subjects and special subjects.This often involves the identification of the membership of the village collective organization and the determination of the recognition criteria.In the judicial adjudication,the relevant collective organizations do not harmonize the criteria for the recognition of general membership and special membership.And in the case of whether the court accepts the disputes over the distribution of compensation for land expropriation,most of the courts use the recognition of membership as the premise of whether or not to accept the application.From the perspective of legislative theory,there is no law that clearly stipulates the land so far.In the case of collecting compensation cases,how to judge the membership,can not find relevant legal provisions for reference,which also brings difficulties to the courts in the judgment of such cases.Therefore,after collecting and sorting out 100 referee documents in the Yangtze River Delta region,the author conducts empirical analysis on the issues of membership in judicial trials based on these 100 judgment documents,hoping to empirically analyze the court's criteria for membership recognition in judicial practice.A clear and unified attitude is helpful.First of all,based on the collection of 100 referee documents,the judicial status of the issue of membership qualification in the allocation of compensation for land acquisition mainly involves two aspects.First,the court's attitude towards the acceptance of cases involving membership qualifications is not uniform,and it is mainly divided into two types:acceptance or non-acceptance.In the case of admissibility,it is divided into direct acceptance and indirect acceptance.Less courts directly accept and confirm the membership as a case of litigation.Most of the cases accepted are related to land acquisition compensation and land members.The identification of membership in the case of damages in equity is subject to the preconditions and thus the courts accept them indirectly,and the results of the different courts in the case of indirect acceptance are also different.After the summary,they are mainly divided into three categories.Second,in the cases accepted,the criteria for membership qualification are divided into general subjects and special subjects,which are not uniform,regardless of the criteria for the recognition of general membership or the criteria for the recognition of special membership.Secondly,from the two aspects of unclear legal norms and identification standards are not unified to analyze the reasons for the status of the judicial membership of collective economic organizations.On the one hand,legal norms are not clear first analysis of the court shall be accepted and the relevant laws and regulations,which is the basis of the court shall not accept it because the relevant legislature is not specified by the relevant laws and regulations of collective economic organizations membership that case acceptance,so that the court when the referee law is different,this also causes in the judicial practice,there will not be accepted and give accept mixed situation.And court about to accept or not accept after the analysis of the written judgment,can be concluded that nearly half of all cases involving villagers of village autonomy,and other such matters mainly because of imperfect legal system of villagers' autonomy and village Ming about conflict with relevant national laws and lead to the court in dealing with such disputes occur when the referee mixed results.On the other hand,there is no uniform recognition standard for the membership of collective economic organizations,which is mainly analyzed from two main aspects.First,there is no uniform recognition standard for the membership of general collective economic organizations,which is mainly due to the lack of uniform laws and regulations at the national and local levels.Second,there is no uniform standard for the identification of membership of special collective economic organizations,mainly because of the lack of relevant legislation,economic interests and the constraints of traditional Chinese thinking.Finally,several suggestions are made for the issue of membership qualification in.the current judicial practice.First of all,suggestions on the improvement of relevant procedural rules for membership qualification of collective economic organizations.The case acceptance process fully respects the right to appeal;the court judges the case in the case trial,and the prudent referee should fully satisfy the villagers who have full membership.Villagers who are protected and suspected of membership status should be diversified.Secondly,suggestions on the improvement of relevant entity rules for membership qualification of collective economic organizations,first,determine the basic principles of membership qualification standards;second,rules for determining the membership of general collective economic organizations;and third,determination of the qualification standards for special collective economic organizations.