On Identifying The Rural Collective Economic Organization Membership

With the fast development of rural economy and the acceleration of urbanization, the violations involving agriculture of the rights and interests of RCEO's members have been increasing. These violations focus on the qualifications of RCEO's members. For now, there is not only no national laws or any legislative explanation to the organization of RECO. There is even no accordingly rules of its members qualifications that means the law-making blank. Due to lack of instructions from the law, and no standard of qualification of RCEO, members of RCEO are struggling to protect their personal legal rights and interests. This paper is trying to analyze the quality, the characteristics and the intension of members' qualification through the nature of RECO. We find it's imperative to qualify them. Based on a large number of analyzed and summarized case-studies, and from both theoretical and empirical perspectives, this paper is of the view that the membership recognition of rural collective economic organizations should be governed by the principle of "adequate and wide protection rather narrow", and based on the analysis of relevant factors in terms of legality and reasonableness. This paper argues that, in addition to the initial membership recognition of the rural collective economic organizations should comply with the"settlement"standard, other membership recognition should examine the changes, based on facts or behaviors, in members'rights and obligations. This paper makes an attempt to find a solution to the issues relating to membership recognition of the rural collective economic organizations. Finally, this paper makes future plan and prospect of the qualification of RECO' members. When combining our reality, first of all ,we should amend the Organic Law of the Villagers Committees of the People's Republic of China ,make a clear distinction of function between OLVC and RECO and return RECO its management that including the rights to qualify its members by themselves. On this basis, we should also draw up a law of RECO, and improve its function through the legislative form to guide and normalize it. At the same time ,we should clearly give the justifiability ,provide the legislative access to the qualification and fully guarantee members' rights and interests.