On The Exercise Of Revocation Right Of Rural Collective Members

The property law in our country establish the rural collective members cancellation right for relief and protect the legitimate rights and interests of the rural collective members has important and realistic significance,but in the process of the exercise of the rights to cancel the objects are not clear,the parties to determine the non-standard,rules of evidence and a period for exercising without rules,the exercise of the unsatisfactory aspects such as the effect is not ideal.The reason is that the provisions of article 63(2)of the property law on the revocation right of rural collective members are relatively brief,which is the root cause of the above problems in the exercise of this right.Based on this,we should grasp the following three principles when discussing the exercise of the revocation right of rural collective members.Secondly,the research is based on the connotation,nature,characteristics and legislative intention of the right.Third,the biggest difference between this right and the right to claim infringement is that the infringement is not based on the premise of fault.In view of the above problems,the scope of revocable "decision" contents can be clarified on the basis of the provisions on "decision" matters of rural collective autonomy in the property law.According to the analysis of text meaning,the explicit "decision" should include the behavior with the nature of "decision".The coase theorem of legal economics can be introduced to avoid the impasse of the polarization of the definition of legitimate rights and interests in academic theory and judicial practice,and to resolve the contradiction of competing for the equality of collective resources through the balance of interests.We will fully respect and actively guide villagers' autonomy,improve the filing and examination system for collective membership identification and the rural grass-roots supervision system,and standardize the qualifications of plaintiffs.Combining with the actual situation of the villagers' autonomy,the villagers' group is added as the legal defendant of the rural collective revocation right litigation,and the qualification of the defendant subject is standardized.On the premise of the nature and characteristics of the right,with reference to the revocation right of the owner,the term of exercise of the right shall be one year from the date when the obligee knows or should know that the right is damaged,and the longest term of protection shall be five years from the date when the "decision" is made.Echo the rights contain the rural collective organization managers abuse of power,ensuring the lawful rights and interests of members of the collective legislative intent,according to the original,the accused both sides possibility and proof of actual inequality proof ability,build the plaintiff's identity certificate of the responsibility for "the distribution of burden of proof upside down","decision" infringes upon the lawful rights and interests of the burden of proof applicable "who advocate who proof" of evidence rules.The exercise effect of this right should be realized by means of the action of payment.In essence,the "decision" has produced real harm,and the remedy way of the revocation right litigation of the rural collective members is limited to revocation,but the manager of the rural collective may make the same or similar "decision" again.According to the difference between this right and the right to claim for tort,combining with the remedy required by rights and interests,the litigation form can be selected from the best.The tort liability law was introduced into the revocation right litigation of rural collective members,so that the litigation and payment litigation could be heard together,so as to reduce the litigation burden and effectively protect the legitimate rights and interests of collective members.