The Legal Thinking Of Rural Collective Organi Zations Member' Rights

In 2020,No.1 central document clearly pointed out that “issues relating to agriculture,rural areas and farmers”is specially important for our country,and must deepen rural key reform.In recent years,the purpose of these reforms is to protect farmers' legal rights and increase the income of farmers.In other words,the key of smoothly implement the reform is whether we can protect rural collective organization members' rights.However,there is no provision for the standard of membership,the content of the member rights of collective organizations and members' rights relief.Lack of legislation leads to frequent problems in practice.Therefore,it is helpful for practice to do legal research on rural collective organization members' rights.The paper is composed of five parts.The first part expounds the background and significance of the selection of the members of rural collective organizations,the current research situation and research methods.It proves the research value in the academic and practical.The second part sums up the concept,characteristics and the exercise content of the membership of collective organization members' rights which scattering in parts of laws and regulations.So China's existing laws are not yet systematically and clearly defined in these aspects.In the third part,the author analyzed the current disputes in the collective organization members' rights in the academia,which mainly including the standard of membership,the content of the member rights of collective organizations and members' rights relief.The author found that there are great disputes in the academic about the specific content of the standard of membership,how to legislate and the the judicial relief,the “three powers separation”of rural contracted land and rural housing sites,the right of revocation and so on.These disputes are not only reflect the existing problems of the current system of farmers' collective membership rights,but also provide a theoretical basis for how to improve the system of rural collective organization members' rights.In the fourth part,the author started from the current status of judicial practice,summarized the court's attitude and reasons for the acceptance of disputes related to rural collective members' rights.The author found that there are so many problems insolving disputes related to rural collective members' rights,such as unclearly solution agency,different solution attitudes,different standards of justice,and poor exercise of revocation right.And then the author analyzed the reasons for the many problems,and provided a practical basis for how to improve the system of rural collective organization members' rights.The fifth part is the suggestion of perfecting the system of the member right of rural collective organization.Revolving around the issues summarized in the previous parts,the author has conclude that it is necessary to improve the relevant legislation on rural collective organization members' rights,clarify the solution agency for rural collective organization members' disputes,construct derivative litigation system of rural collective organizations and strengthen the supervision of village regulations.