The Perfection Path On Membership Confirmation Of Rural Collective Economic Organization

As for the identification of membership of rural collective economic organizations,it is related to the basic rights of the people in rural areas.However,there has been no unified standard,and the practice in different places is also not the same.The basic factors are household registration,which is supplemented by other factors.With the continuous development of rural areas and the increase of population flow,the original identification standard can not met the actual situation to some extent.What's more,all reforms are closely related to the identity of "people" with the continuous deepening of various reforms in rural areas.Thus,it has become a key pre-process to do a good job of membership identification.The reform process of rural collective economic system will be seriously affected if the old rules remain unchanged,which are adverse factors for the establishment of new rural collective economic organizations,stimulating rural land vitality and other follow-up system design.Therefore,it is in urgent need to improve the membership identification of rural collective economic organizations.The research in this paper is carried out from three aspects,such as the reality situation,the existing problems and the improvement suggestions of the membership identification of the rural collective economic organizations.The reality situation deals with the membership identification from two aspects,such as the current situation of legislation and judicature and the influencing factors.On the one hand,it is found that there is no unified legislation for the membership identification of rural collective economic organizations.Although some laws have made principled provisions for the membership identification of rural collective economic organizations,the main means adopted in practice are rural rules and regulations and member autonomy,in which different regions have different policies,while membership is identified on a case-by-case basis by means of collateral review judicially.On the other hand,the influencing factors of membership identification are divided into appearance factor and fact factor.In terms of appearance factor,it is household registration factor.As for fact factor,it is divided into rights and obligations factor,real life factor,land contract and operation right factor,age factor and life security factor.Besides,household registration factor is usually the main factor in reality,which is supplemented by other factors as the way of identification.The problems in the membership process are mainly divided into the openness problem of membership and the problems of township rules and regulations in the identification of membership.As for the problem of openness of membership,it refers to that sticking to the closeness of membership will make it difficult to carry out rural reform,which will cut off the opportunities for the development and expansion of rural collective economic organizations.While liberalizing the identification of membership will cause foreign capital to encroach on and control collective capital,weaken the collective security.In the identification according to rural rules and regulations,it will appear the conflict part with national laws,in which the rights of vulnerable minority groups will not be guaranteed,and the judicial remedies are difficult to solve practical problems.In the analysis of the reality and the current problems,combined with the shareholding reform of collective assets,this paper puts forward some suggestions on the member qualification confirmation from three aspects: principle,form,and subject.First of all,it starts from the reform of rural collective assets shareholding,and considers the intersection of the connotation of shareholder qualification and membership.In principle,it can adjust the standard of the existing membership by learning from the way of shareholder qualification.Besides,it should be properly liberalized while maintaining the security of membership,in which different members should be given different membership to enjoy different membership treatment.In addition,it should allocate membership,relax the conditions for membership identification,and increase the strength of rural reform.Secondly,the factors of household registration should be weakened in form and life security factor should be enhanced.As for the identification of single household registration factor,it should be abandoned.Household registration factor can be as important as other factors or weaker than other identification factors,so as to avoid "only household registration theory".When it comes to life security factors,it should be emphasized.As the primary factor of membership identification,it should combine with the way of membership allocation,reduce the economic benefits of some members' membership rights and contradictions.Finally,strengthening the main role,On the one hand,strengthen the administrative review mechanism in advance,substantive review of the record of township rules and regulations,excluding the part contrary to our laws,especially the part of women's rights and interests protection.On the other hand,it should strengthen the post supervision mechanism in judicial aspect,which can urge the first level township(town)government to order the institution that makes the rules and regulations to make amendments in the mode of judicial advice.Meanwhile,the court should undertake the work of post supervision while guaranteeing the individual justice.As a result,it can more comprehensively protect the rights of the membership,as well as make the membership identification more reasonable and accurate through the above three ways of improvement.