Research On The Membership Rights Of Rural Collective Economic Organizations

The expression of peasants' opinion,the realization of requirments,and the protection of rights are the foundation of all the problems.However,the current situation is that the rural collective economic organizations and the villagers' committees have repetition in duties.It has led that the collective economic organization lacks of stutas and power.However,the relevant regulations are scattered in different laws,and most of them are abstract.The provisions in local legislation and the court's guidance are random and confusing.All of the above cause many questions,such that the subject of members is controversial,and the standards vary with each place.These all should be solved immediately.However this article find that "farming households" are not suitable to be the subject.It is non-statutory civil subject.It lacks of clear definition standards,neglecting the value of fair,and it doesn't play a protective role.Multiple qualification of confirmation in judicial trials everywhere is imperfect.At the same time,the setting of membership right' content still needs to be determined in combination with much factors,like the nature of rights,the functions of collective economic organizations.The membership right of rural collective economic organization should be improved according to legislative limitations,confusion of judicial recognized standards,and endless academic disputes.First,the subject of membership right should be natural man.Taking the natural man as the vesting point is clear.It can realize fair and convenient for collective economic organizations to play a protective function.At the same time,based on the separability of the subject of the right to exercise and the subject of the right to enjoy,the natural person as the subject of member does not prevent the exercise of some rights by the "farming households".Secondly,an unified and flexible member recognition system should be established.The member recognition system should comprehensively consider multiple factors,such as the functions of collective economic organizations,autonomy,urbanization,equality value and distribution of justice value.We should combine collective voluntary with legal regulations and establish "business standards" and "guarantee standards".Meanwhile,it is significant to resolve the issues though that improving the member registration system,the member application system,the collective voting system,the member suspension system and the collective delisting system,etc.Finally,due to the right feature,the rights' content is characterized by members' exclusivity.At the same time,according to the classification of entity rights and procedural rights,the content of membership rights specially identity as different categories that includes distributive requested right of resourceful asset and the business asset,the right to obtain interests,the right to know,the right to vote and the right to monitor and other rights.When establishing the content of the membership right,it should be noted that members only have the right to request to contract land and the use of homestead.Those are the right to request for contract the collective land and collective housing land,which is different from the right to contract the management of land and the right to use the homestead.The former constitutes the content of membership right on the premise of exclusivity.While the latter can be acquired through contract behavior by other subjects other than members,which is not the content of membership right.The Standing Committee of the Thirteenth National People's Congress of China has included the Law on Rural Collective Economic Organizations into the third category of legislative planning."every problem is about human being." The content of membership right should be thecore of legislation construction of rural collective economic organizations.This article suggests that the subject of membership right,standards for establishing qualifications,and types of rights should be taken as important components are clarified.