Research On The Membership Of The Rural Collective Economic Organization

Currently the reform of China's rural collective property right system aims at building a socialist rural collective property right system with Chinese characteristics,clear ownership and complete power,in order to protect and develop the legitimate rights and interests of members of rural collective economic organizations.The timely establishment of "membership right" in the Property Law defines the subjects of rights as members of collective economic organizations in order to change the current situation of nullification of rights of farmers.As a right of eligibility,membership right is the basis for enjoyment and realization of membership right.Therefore,in order to ensure the smooth progress of reform,the implementation of membership rights,and enhance the sense acquisition of farmers,it is necessary to establish the criteria and rules for determining membership qualification of rural collective economic organizations.However,the current situation in China is as follows: there is lack of unified legislative standards at the national level and lack of unified local legislative standards,and cases related to membership qualification fail to be included into the range of court decisions in judicial practice,which results in the endless debates in the theoretical circle without forming any unified opinion.Generally speaking,the phenomenon of non-unified membership determination rules for collective economic organizations still exists both in theory and in practice.Besides,the non-unified membership determination rules and the lack of supervisory and remedy channel further accelerate the chaos of the collective violation of the rights and interests of members.The establishment of collective economic organizations is to develop rural collective economy,form stable socioeconomic order,and provide stable safeguard for collective members.As a result,in terms of collective economic organization membership determination,it shall,in addition to following the principles of fairness and exclusiveness,also adhere to the principle of openness andmake the collective economy stronger and larger so as to alleviate the negative impact brought by the loss of rural labor force.Furthermore,we shall take joint production as the core,combine the household registration standard with the contribution standard,and adhere to the principle of standard of living security determination by national legislation so as to form general rules for practice guiding.It is more feasible for the National People's Congress or the standing committee of the National People's Congress to legislate separately on the qualification criteria for membership of rural collective economic organizations considering the current situation of legislation in China under the condition that the opportunity is not mature now.The determination of collective membership shall be conducted by collective economic organizations according to laws.Nevertheless,the current lack of remedy channels and supervision mechanism for collective membership determination disputes will easily produce "tyranny of the majority".According to the principle of "Remedy Precedes Rights",the supervision and remedy system should be improved to allow collective membership determination disputes to enter the gate of litigation.Where disputes arise and cannot be resolved within the organization,the judicial organ shall supervise the decisions made by the collective economic organization.It is noticeable that the judicial power shall respect the right of autonomy and allow collective economic organizations to reasonably exercise the right of autonomy beyond the statutory circumstances.If a decision made by a collective economic organization is indeed illegal,the decision shall be annulled and made again by the collective economic organization.