Case Study On Membership Disputes Of Married Women In Rural Collective Economic Organizations

In rural collective economic organizations,there are many disputes about rights and interests between Chinese and foreign married women and the collective organizations before marriage,which have not been properly resolved.The focus of disputes is almost the identification of collective membership.The essence of the disputes over the rights and interests of the married women is the disputes over the membership of the married women,because the confirmation of the membership of the married women is the precondition for them to equally enjoy the rights and interests of the collective organizations,such as the right to contract and manage the land,the right to distribute the income,the right to house land,the right to compensation for land acquisition,and so on.It is also the question that must be answered to ensure the standard setting and system construction of the rights and interests of the married women.The case study on the dispute of the membership of the extramarital women in the judicial trial found that there are four main problems in the dispute: first,the standards for determining the membership of the extramarital women are not uniform;second,the attitude of the village rules and regulations concerning the membership of the extramarital women in the judicial review is not uniform;third,thedistribution of the burden of proof for determining the membership of the extramarital women is not uniform;fourth,the litigation There are some limitations in the way of solving the disputes about the membership of the unmarried women.In order to effectively solve the problems existing in the disputes over the membership of married women,four suggestions are put forward: first,three factors,household registration,rights and obligations,and basic life guarantee,are taken as the composite standards for determining the membership of married women in the whole country and the specific application of various standard elements are standardized,making up for legislative loopholes,unifying justice,and constraining grass-roots autonomy;second,village regulations and people involved in the membership of married women The agreement should be included in the scope of judicial review,strengthen the supervision of village rules and regulations and village affairs activities related to the determination of the membership of married women by rural autonomous organizations,combine the rule of law and autonomy,and limit the expansion of disputes;thirdly,the collective organizations should bear the burden of proof for the loss of membership of married women,urge the collective organizations to actively respond to the lawsuit,provide evidence and cooperate with the court to ensure the fairness and correctness of justice Fourth,in line with the reality of rural environment,we should improve the dispute resolution mechanism of multi-channel marriage women membership.Social mediation and judicial enforcement work together to provide multi-channel relief path for marriage women membership disputes.