Study On The Collective Membership Rights In Rural Areas From The Perspective Of Civil Code

The right of rural collective members is a general right based on the status of rural collective members.It is characterized by both identity attribute and property attribute,as well as certain management attribute.For the farmers in our country at this stage,the rural collective is the normal of rural social life,which is inseparable from the production and life of every farmer.Therefore,it is a very important right for farmers to enjoy the membership rights based on the identity of rural collective members.But often in practice,the rights of farmers can not be effectively realized,and there are more and more cases of infringement on the interests of rural collective members.There are many reasons for the infringement of the rights and interests of such collective members,but the more important one is that the rights of rural collective members are not clear.This paper clarifies the theoretical basis and institutional value of the rights of rural collective members,and then through the induction and analysis of relevant case materials,clarifies the rights that rural collective members should actually enjoy in practice and the obstacles to the realization of the rights.Finally,it analyzes and summarizes how to solve the problem that the rights of rural collective members can not be realized,and puts forward relevant suggestions.This paper uses the historical analysis method and normative analysis method,uses the relevant theories of economics,sociology and law to analyze the rural collective membership rights in theory,and analyzes its specific progress system,so as to build a legal mechanism for the effective realization of the rural collective membership rights.In addition,through the method of comparison and case analysis,this paper analyzes and summarizes the problems existing in the realization of rural collective membership,such as the imperfection of the law on the qualification of membership,the inadequacy of the content of membership,and the imperfection of the legal provisions on its relief.