Legal Regulation On The Recognition Of Membership Of Collective Economic Organizations

Rural collective economic organizations play an irreplaceable role in stimulating the vitality of collective assets and safeguarding the legitimate rights of members.At present,in order to realize the strategic goal of urban and rural integration and development,China is exploring the establishment of new collective economic organizations.In this process,the issue of membership determination must be addressed.Membership recognition is beneficial to the construction of special legal person system of collective economic organizations,the realization of legal rights of members and the implementation of collective land ownership.At present,our country lacks the unified collective economic organization member qualification confirmation standard,there are a large number of disputes which take the member qualification as the premise condition to be resolved,the legitimacy of the member qualification confirmation result and the judicial protection strength to this have the insufficiency.Therefore,in order to resolve the problems faced by membership recognition,this paper attempts to emphasize the necessity of membership recognition from the point of view of the significance of membership recognition,and then,by combing the current status quo of membership recognition in China,This article points out the problems and hazards of membership recognition,and puts forward corresponding countermeasures for different problems.This paper is divided into four parts:The first part is the necessity analysis of the membership of collective economic organizations.First of all,the determination of membership can determine the scope of the subject contained in the special legal person of collective economic organization,which is one of the important contents of constructing the special legal person of collective economic organization.Secondly,membership recognition is a prerequisite for the members of collective economic organizations to exercise their membership rights.Only by properly solving the problem of membership,can the membership rights be put into practice and the return of the attributes of collective land ownership and private rights be realized.Finally,as the main body of collective ownership,the connotation and extension of "peasant collective" are uncertain,and the realization of collective ownership must be based on collective economic organizations.Only by perfecting the system of membership qualification can we further construct scientific and reasonable rules for the exercise of collective ownership,change the present situation of the virtual ownership of collective land ownership,and make the collective land ownership come true.The second part is to the collective economic organization member qualification confirmation present situation induction appraisal.This article mainly from the legislation,the practice and the judicial three angles carries on the investigation to the member qualification confirmation present situation.At the legislative level,there is a lack of unified membership criteria,and the provisions on membership are more common in local norms;at the practical level of membership recognition,due to the lack of universal identification rules,The way of methods are diverse.Among them,the recognition of membership mainly includes household registration standard,living security standard and rights and obligations standard.At the judicial level,there are a large number of legal disputes related to membership determination,and local people’s courts have different judicial attitudes in dealing with related disputes.The present situation of membership recognition reflects the complexity of our country’s current membership recognition,which can not form a stable expectation in the heart of the identified subject,nor is it conducive to the promotion of judicial credibility in our country.The third part is the problems faced by the membership of collective economic organizations in China.Through the analysis of the status quo of membership identification,this paper points out the following problems:first,the lack of uniform membership identification norms;second,the confusion of the subject of membership identification.Third,the rationality of membership criteria needs to be further considered.Fourth,the judicial guarantee of membership is insufficient.People’s courts usually refuse to accept relevant civil disputes on the grounds that membership belongs to the category of villagers’ autonomy.The final result of judicial judgment can not provide effective remedy for civil subjects whose legitimate rights and interests are infringed.Fifth,membership information sharing channels are not smooth.The fourth part is to solve the dilemma of membership.First,it is necessary to speed up the special legislative process of collective economic organizations and make unified norms on the determination of membership rights and membership qualifications;second,it should emphasize that collective economic organizations are the subject of legal membership recognition;third,it should focus on the construction of differentiated membership recognition methods,according to the different basis of membership,respectively apply different criteria for membership recognition;fourth,should change the current judicial attitude of passive avoidance,membership identification disputes into the scope of people’s courts,and through the issuance of guiding cases,explore the establishment of judicial protection channels for membership recognition;Fifth,we should unblock the channels of member qualification information sharing,link the membership card of collective economic organization with the information sharing platform,ensure the uniqueness of member qualification,and realize convenient and quick access to member identity information.