Research On The Qualification Of The Membership Of Rural Collective Economic Organization

With the construction of China’s urban-rural integration,the ongoing shareholding reforms and household registration reforms in rural areas have greatly promoted the development of the rural economy.Since the era of the General Principles of the Civil Law in 2017,rural collective economic organizations have been designated as special legal persons.Promoting rural collective economic organizations to have the status of market entities,stimulating economic vitality under the market economy system;at the same time,the continuous expansion of cities and towns has also resulted in a large number of expropriation and requisition of rural land,resulting in a series of land acquisition compensation and resettlement programs involved In areas where the reform of the shareholding system is relatively fast,shares,dividends and other rights and interests are also very important economic benefits.The distribution of the aforementioned costs is based on the membership of the rural collective economic organization,and many memberships have emerged in rural areas.Confirmed dispute.In this context,the problem of membership rights in rural areas has become more and more prominent.Membership in a rural collective economic organization means that it has the corresponding membership rights and has the rights and interests to distribute the assets of the collective economic organization.Therefore,the issue of membership determination becomes However,my country currently has no relevant legislation or judicial interpretation on the issue of membership confirmation of rural collective economic organizations.To this end,the author of this article retrieved 774 cases involving the confirmation of membership of rural collective economic organizations nationwide in 2020,including civil and administrative causes.Through the analysis and comparison of the above cases,we found out the more common problems in membership confirmation Combining with China’s existing central documents,local regulations,local rules,guidance issued by local courts,and village regulations and folk agreements,and other relevant identification standards related to membership,we will discuss the following issues in China ’ s membership identification disputes : 1.Lack of a unified national standard for determination;2.The subject of membership determination is controversial;3.The court accepts cases involving membership determination issues with inconsistent grounds;4.Special groups(such as married women,divorced women,and divorced women).The lawful rights and interests of married sons-in-law,fetuses,agricultural conversions,etc.)are often violated.Regarding the above issues,the author upholds the spirit of "combining theory with reality" and "respecting history and taking into account reality",and tried to propose the following perfect paths in a targeted manner for reference: 1.Through legislation to unify the standards for membership recognition,establish Two sets of evaluation systems,the simple standard and the composite standard.The judgment of the simple standard uses household registration as a variable.If the simple standard judgment cannot be passed,refer to the composite standard,give full play to the villagers committee’s autonomy in determining the membership of the collective economic organization,and take into account fairness.At the same time as efficiency,the protection of the legitimate rights and interests of farmers is maximized;2.Establish the villagers committee ’ s recognition function on the membership qualification issue,and give full play to its administrative and economic functions,compared to the rural collective economic organization determining the members Qualifications can more smoothly connect administrative management and administrative relief;3.Clearly incorporate the disputes over the membership qualifications of rural collective economic organizations into the scope of administrative case acceptance by the court,so that disputes over membership qualifications have clear litigation rights and avoid damage to farmers’ membership rights At the same time,when there is nowhere to complain,the parties are encouraged to give priority to applying for relief by applying to the township government for administrative handling,and applying to the district/county government for administrative reconsideration.