Research On Legal Protection Of Members’ Rights Of Rural Collective Economic Organizations In China

The newly promulgated Rural Revitalization Promotion Law provides an important guarantee for further solving the "three rural issues" from the legal level.In the process of solving the problems of agriculture,rural areas and farmers,the problem of farmers is of vital importance,and the urgent need to be solved among the problems of farmers is the construction of membership rights system.The membership rights of rural collective economic organizations are related to the vital interests of every farmer,and even affect the social and economic development of the whole countryside.With the acceleration of the rural reform process,there are more and more disputes about the infringement of members’ rights of rural collective economic organizations in judicial practice.However,the legal system for the protection of members’ rights is not perfect,and collective members can’t solve disputes through effective legal channels and safeguard their legitimate rights and interests.Based on the above background,through the analysis of the superior concept of membership rights,this paper obtains the concept of membership rights of rural collective economic organizations,and clarifies its nature and specific content,which is different from the non-member rights such as land contractual management rights and homestead use rights.Enumerate the power types of members’ rights in rural collective economic organizations,and the tort types corresponding to the specific power types,and correctly distinguish the infringement of members’ rights in rural collective economic organizations from other tort types,so as to provide theoretical basis for the division of civil causes in judicial practice.At the same time,with the method of empirical analysis,the typical cases of infringement of members’ rights of rural collective economic organizations in judicial practice in the past three years are sorted out.By analyzing the litigant’s claims of infringement of members’ rights and the court’s judgment results on the claims,it is concluded that the main causes of infringement of members’ rights are the lack of independence of rural collective economic organizations,which are easily confused with other organizations in the process of performing their functions,and the lack of legal system on members’ rights.Therefore,it is necessary to speed up the legislative process of specific laws of rural collective economic organizations,build a perfect system of members’ rights and powers of rural collective economic organizations,and provide effective legal protection methods for members to protect their own rights and interests.Through improving the legal protection of members’ rights of rural collective economic organizations,this paper puts forward some suggestions,hoping to better solve the farmers’ problems in China.