On Membership Confirmation Of Rural Collective Economic Organization Members

Three dimensional rural issues, that are, agriculture,rural areas and peasantry, have been one of the important issues on economic and social development of our country. Along with the comprehensive deepening of reform development, some new problems have arisen to rural land contract and management and other aspects of expropriation and requisition. Members’ rights, as the basis for collective farmers land rights, is an important concept of "Property Law", introduced to solve the empty of farmers’ rights, and, is premise and guarantee from a legal perspective to solve rural problems. As a right of qualifications, membership identification is the prerequisite and key to study members’ right. Since the formation of rural collective economic organization, as the counterparty, has a special historical background and evolution form, leading to membership identification can not simply be judged from only one aspect, but must from the multi-disciplinary consideration, history and reality. It is because of the complexity and particularity of this issue, our country has not issued the relevant legislation and judicial interpretation to define the membership criteria clearly. However, before the relevant legal deficiencies could been improved, the relevant typical case issued by Supreme Court can applied to resolve the similar problem.At present, all provincial government produced local legislation to meet the issue of membership, some courts have formed relatively fixed standard referee, and theorists have also expressed their views. But, the provisions are not consistent throughout the different courts, the referee has different standards, and theorists hold different opinions. So the determination of membership has a practical significance to deal with civil disputes and to protect the interests of farmers and rural collective. To determine the membership, formal requirements is whether a member has acquired or possessed local household register of collective economic organizations and substantial requirements is whether a member has the long-term local production and living or whether takes the land of collective economic organization as the main source of livelihood. To recognize acquirement standards, we should fully respect villagers’ autonomy. For those villagers who obtain membership through democratic agreed procedures and meet certain requirements, their membership should be confirmed legally. Meanwhile, the bottom line should be adhered strictly when recognizing the loss of standards. For those who lose membership because of the move out of domicile or through democratic procedures shall be prohibited on law. Especially, for those who possess the special status, in order to avoid blind uniform standards, recognizing must be treated with great caution. In order to strengthen recognition and protection from administrative level, the registration should be made timely to the obtaining of membership. Especially, the way of exercise of members’ right and relief channel should be improved. Through a wide range of protection measures to improve and guarantee the rights of the members that are often neglected.