Judicial Practice And Improvement Of Rural Collective Economic Organization Membership Identification ——Taking Gao V.a Village Collective Economic Organization Membership Dispute As An Example

The reform of rural collective property right system is the key work in the new round of rural reform in recent years,while the recognition of rural collective membership is the prerequisite for the reform of the rural collective property right system,which is related to the qualification of collective assets in the process of rural collective assets reform.However,it is regrettable that the existing laws and regulations do not yet specify the criteria for the identification of members of rural collective economic organizations,and in practice,a large number of rural collective economic organization membership disputes need to be resolved urgently.Therefore,it is an urgent need to solve the problems of the current society,not only the need for theoretical and institutional exploration,but also to clarify the criteria for the recognition of rural collective membership at an early date.By studying the typical cases of the membership dispute of rural collective economic organizations,this paper makes a case-related legal analysis,digs deep into the outstanding problems based on local practice,and finally puts forward the suggestion stoically,so as to provide reference for judicial practice.In addition to the introduction and conclusion,the main content of the full text is divided into three parts:The first part briefly introduces and combs the basic situation and judgment of the four typical cases,and puts forward preliminary questions about the dispute over the membership of rural collective economic organizations,respectively,who is the subject of the identification of membership? What are the criteria for "membership" ? Does the "membership" determination dispute fall within the scope of acceptance by the people’s court?The second part analyzes the legislative status quo of rural collective economic organizations,tries to classify the membership of rural collective economic organizations theoretically,and explains the characteristics of membership in the light of cases,and analyzes the problems existing in the membership of rural collective economic organizations according to the practice of the dispute stakes in rural collective economic organizations and the aforementioned questions.The third part is aimed at the problems existing in the membership of rural collective economic organizations,and put forward corresponding suggestions,including the establishment of the system of membership of rural collective economic organizations from the legislative level,the improvement of the membership recognition mechanism of rural collective economic organizations from the practical and operational level,and the standard of standards for the recognition of membership of rural collective economic organizations,and the judicial level to promote the effective involvement of judicial organs in the disputes of membership of rural collective economic organizations.