Research On The Effectiveness Of Collective Resolutions Of Farmers

Under the background of rural market-oriented reform,such as rural urbanization,market-oriented circulation of land,quantification of collective assets,the collective members of farmers need to make democratic decisions on the issues related to the allocation of land acquisition compensation,the allocation of collective income,the adjustment of land contractual management rights,the recognition of the collective membership of collective members.Due to the imperfect system,there are many kinds of disputes in practice.Decision of the central Committee of the communist party of China on the comprehensive deepening of a number of major issues,deliberated and adopted by the central Committee in 2013,puts forward the sound rural deliberative mechanism and the development of grassroots democracy.However,farmers’ collective,as a subjective concept of rights,its internal self-government and the guarantee mechanism of autonomy have become a major obstacle to the participation of farmers and collective members in the market competition.At the same time,the decision empower farmers to take possession,use,income,circulation,contractual management right mortgage and guarantee of contracted land,and allow farmers to take a share in the development of agricultural industrialization management by contractual management.But for the lacking of procedural regulation and judicial guarantee,the collective decision-making on the important matters involving the interests of the collective members,seriously damaged the collective members’ right to participate in the management and the beneficial right,which is not conducive to the effective operation of collective self-government.Therefore,it is necessary to pay attention to the construction of peasant collective internal governance system,understand the legal nature,operation mechanism,legal effect and existing problems of collective meaning,provide judicial relief for collective members and effectively guarantee the effective operation of collective autonomy.This paper mainly adopts the method of normative analysis and case analysis,understand rulesof the effectiveness of collective resolutions of farmers and legal problems in practical operation,and through the analysis of the effective elements of collective resolutions,put forward suggestions to improvethe effectiveness of collective resolutions of farmers.The collective resolution of farmers is a kind of special legal act which is based on democratic foundation and due process,which is the collective meaning of farmers on the collective affairs according to the law andthe articles of association.However,through combing the effective legislation and the judicial cases of the collective resolutions of farmers,we can find that rules of the effectiveness are not perfect and ignore the importance of the procedures and the articles of association in collective resolutions,and the scope of the effectiveness of collective resolutions is not clear.In fact,the effective collective resolutions of farmers shall meet the requirements of the three elements of the subject,content and procedure,and according to the rules of the effectiveness of collective resolutions,the mistake of three elements will lead to the defective form of the three collective resolutions that are not established,invalid and revocable.Therefore,in view of the problems found,the legislative rules can be improved from the three aspects of standardizing the resolution procedure,improving the rules of effectiveness and defining the scope of effectiveness,in particular,providing for the impact of the procedure and the articles on the effectiveness of collective resolutions,to provide the legal basis for judicial review.In judicial practice,the principle of collective autonomy and the principle of equality of members’ rights should be regarded as the basic principle of collective resolution.At same time,from the perspective of the effectiveness of collective resolutions,the farmers are allowed to collectively remedy the effectiveness of the resolution by means of a democratic agreement or ratification by the members,and from the point of view of interest,the court are allowed to overrule the disputes that the resolutions revocable are caused by minor procedural defects at the discretion of the court.