Study On The Qualification Recognition And Protection Of Rights And Interests Of Rural Collective Economic Organizations

Although the land of rural collective economic organization in China is owned by collectives,the land of peasants as a member of collective economic organization is still the guarantee of survival.Based on the relevant legislative provisions on the rights and interests of the rural collective members or not unified,or fuzzy,in judicial practice of farmers as members of the collective economic organizations of the infringement dispute,and determination of farmers membership and rights and interests of members.Because only enjoy membership can enjoy the collective members of the rights and interests,decide how to membership problem is particularly important,but in the trial practice just rely on the farmers' household register a single standard,and can't solve the problem of farmer members qualification of all,this paper argues that should take the household register as the main criterion,at the same time,whether to have made other low-income income as auxiliary judgment standard.However,the criteria for judging the membership of the special subjects,such as the married female andthe super child,are determined by the differentiation of the criteria according to the characteristics of the different subjects.Although rural collective members of the rights and interests in the constantly changing along with the social development,but its main purpose is for farmers to provide basic living security won't change,therefore this paper will be divided into farmers' rights and interests of members of affordable rights and property income.To practice how to recognized the existence of the infringement farmers collective member rights problem,this paper argues that as long as there is actual damage the interest of members has facts can be determined can be held accountable,due to violation of the collective members such as the main body of rights and interests of most of the village committee is the main body of administrative authority,it is necessary to pay attention to the farmers in a relatively weak side protection.Therefore,this article think the eight in the tort law bear the liability for tort is dedicated to give farmers the way of a relief rights,both to ensure the effective exercise and want to avoid increase lawsuit burden on farmers' abuse of power,so it is necessary to analyze the relief rights research.