The Case Analysis Of Deng V.Tonglong Villagers' Group Infringing Members' Rights And Interests Of Collective Economic Organizations

With the continuous advancement of China's economic development,disputes involving the rights and interests of members of rural collective economic organizations have been arising more frequently.How to define and recognize membership and how to protect the rights and interests of members are major legal issues that needs to be resolved urgently.In the case of Deng v.Tonglong Villagers,group infringing on the rights and interests of members of the collective economic organization,the author,by using the provisions of China's property law,villager organization law and relevant judicial interpretation,analyzed the theory of membership rights and concluded that:The four plaintiff should be identified as members of the collective economic organization of the defendant's group and have equal rights to share land compensation allocated to the other villagers of the village group.After the four plaintiffs obtained the household registration of the defendant's group,they lived in the defendant,s village for a long time and fulfilled the obligations required by defendant.They did not enjoy the rights offered by other collective economic organizations at the same time,that's why the four plaintiff should be recognized as members of defendant's group.At the same time,this case also triggered some thoughts from the author.The author believes that the criteria of defining the membership of rural collective economic organizations should adopt a comprehensive criteria.The subject recognition should abide by the principle of village self-governments supplemented by state compulsory regulations and policy intervention.Moreover,the author believes that only by establishing a reasonable and effective land acquisition compensation mechanism and exploring diversified methods of land acquisition compensation together with the government's early intervention and guidance for distribution,can such disputes caused by land acquisition compensation be solved thoroughly and completely.