Research On The Legal Guarantee Of The Membership Rights Of Rural Collective Economic Organizations

With the deepening of the reform of the "rural collective property rights system",the position of rural collective economic organizations in the reform has become increasingly prominent.Since the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China officially proposed to "protect the rights of members of rural collective economic organizations",collective members,as the main body of rural collective economic organizations,have gradually become the core of reform concerns.On the one hand,the accelerated development of urban-rural integration and frequent population flows have led to an increasingly complex composition of rural personnel and a blurred identity;on the other hand,the agricultural land economic disputes caused by the influx of market capital into the countryside have also exposed many problems in the ownership,distribution,and management of rural collective assets,and the difficulty of protecting the rights and interests of members has increased,seriously affecting social stability.However,at present,China’s central government has not enacted legislation to clarify the specific criteria for the definition of membership,the specific standards formulated by the localities are not uniform,and the lack of a unified and complete membership rights system has led many parties to the people’s courts in cases of disputes that infringe on the rights and interests of members,and the courts mostly reject the lawsuits on the grounds of villagers’ autonomy,and the rights of members cannot be effectively remedied,and the rights and interests of farmers cannot be effectively protected.To this end,in the context of the reform of the rural collective property rights system,this paper clarifies the concept of rural collective economic organizations and membership rights in combination with the theory of membership rights,and on this basis,analyzes the normative status quo and legal dilemma of the acquisition of membership,membership content and relief of rural collective economic organizations in China,and finally,for the legal dilemma of membership rights,starting from the three aspects of building a membership litigation system for rural collective economic organizations,typifying the content of member rights,and improving the judicial remedies for membership rights.Put forward legislative thoughts and suggestions for regulating the rights of members.