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Research On The Claim Right Of Rural Collective Income Distribution

Posted on:2022-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:S M GongFull Text:PDF
GTID:2506306785973409Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
The right to request for income distribution of rural collective members belongs to the content of membership rights.Rural collective members have the right to request the distribution of rural collective income based on their membership status.Once the collective organization fails to perform the distribution duties or abuses the distribution power,there is a situation where it should be distributed but not distributed.rights and interests.The distribution of collective income should be understood from two aspects: first,the collective management decision-making body should perform the function of distributing income in a timely manner in accordance with the provisions of laws,regulations and articles of association;second,when the collective income meets the distribution conditions,rural collective members have the right to request collective management.The right of decision makers to distribute benefits to themselves.Since there is no specific legal provision for the right to request income distribution of rural collective members at present,its assignable objects,exercise objects,and conditions for exercising the rights are not clearly defined in law,and the right relief methods are also unclear,which leads to the legal rights and interests of collective members in practice.It is difficult to obtain effective protection.The right to request the income distribution of rural collective members is a property right with identity attributes.In the case of collective income,the collective organization should distribute the income in accordance with the law but does not act or act improperly.When the collective member’s right to exercise the right to request for distribution of income is refused and the request cannot be satisfied,the collective member may resort to public power relief.However,my country’s rural collective economic organizations adopt the rules of villager selfgovernance.While relieving the rights of rural collective members,it is also necessary to balance the relationship between external forces such as the judiciary and administration and collective self-governance.In addition to the explicit provisions of laws and administrative regulations,the judicial power and other external forces should maintain a certain modesty and adhere to the principle of limited intervention and tolerance.The collective decision on income distribution based on the self-government charter or villagers’ self-government convention in compliance with laws and regulations should be fully respected to maintain the stability of rural self-government order.It is necessary to safeguard the property rights and interests of collective members,to ensure the fairness and justice of the distribution of rural collective income,and to prevent the externalization of collective internal governance.
Keywords/Search Tags:rural collective members, collective benefits, the right to claim distribution of benefits
PDF Full Text Request
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