A Study Of The Civil Litigation On The Membership Recognition Of RuralCollective Economic Organizations

Following the Third Plenary Session of the Eleventh Central Committee,with the development of economic system reform,the rural areas in China began to implement the household contract responsibility system,and implemented the agricultural production responsibility model of contracting land and other means of production and production tasks to collective economic organizations with households as contracting units.With the advancement of urbanization construction in China,cities are expanding to the countryside,a large number of rural land has been nationalized,and the income from land expropriation belongs to collective economic organizations.When distributing the income,village hegemony and clan forces wear the cloak of democracy and the banner of public opinion,openly depriving the rights and interests of vulnerable groups,disputes continue,For the dispute cases of the membership determination of rural collective economic organizations,the existing practice of the law in China is to apply for settlement by the grass-roots government,and if the government fails to act,administrative proceedings may be initiated.However,the litigant should first apply for the grass-roots government to perform the supervision duty.When the government does not act,the government can file the administrative lawsuit for defendant,and after the court orders the government to perform the supervision duty,the government should do it again.The process is a long one,during which time collective economic groups are likely to have already allocated compensation.In judicial practice,there have been a large number of cases of civil litigation brought by the parties against the village collective economic organizations or village committees and village groups,and the causes of such cases are not always the same.However,the focus of the dispute is whether the parties have the membership of rural collective economic organizations.But due to the lack of unity and clear legal provisions in our country and the judicial interpretation issued by the Supreme People's Court,the judicial interpretation issued by the Supreme People's Court has not been explicitly mentioned,leading to the inconclusive opinion of the courts in various localities on whether such cases belong to the scope of acceptance of civil proceedings.Resulting in adverse consequences.On the one hand,different adjudication results appear in various courts,unable to achieve judicial unity,damage to the fair and fair image of the judiciary;On the other hand,the interests of vulnerable groups cannot be effectively protected in places where they are not accepted,disputes continue,the number of petitions increases sharply,and even mass incidents that disturb the normal working order of the courts occur in some places,which is not conducive to social stability.In this paper,the author thinks that the dispute whether it belongs to the members of the rural collective economic organizations should belong to the scope of accepting cases of civil litigation in our country.This article combines the analysis of the current law of our country and a large number of case samples.It is considered that affirming the civil justiciability of such cases is the best way in line with the judicial spirit,is also the meaning of the topic of protection of human rights,and is also the general trend of the times.This paper contains six parts:The first part is introduction,which from the macro point of view,introduces the research background,research significance,literature review,research methods,innovation points and shortcomings.The second part is the first chapter of the text,which leads to the focus of this paper through the typical cases in Jinan,that is,what are the existing practices of this kind of cases in our country,and what is the judicial status quo of accepting civil litigation cases,whether such cases should fall within the scope of acceptance of civil proceedings and so on.The third part is the second chapter of the text,pointing out that the existing solution to the dispute of membership identification of rural collective economic organizations is to initiate administrative proceedings,with clear legal provisions and the Supreme People's Court case guidance.The fourth part is the third chapter of the text.In view of a large number of civil litigation cases appearing in recent years,this part analyzes the current situation of such cases in China,and interprets the relevant articles of law and the provisions of judicial interpretation in detail.On the platform of the magic weapon of Peking university,this paper searches the adjudication practices of such cases by the courts of various places,and sums up the rules and trends among them,as well as the reasons for affirming and denying the acceptance of such cases.The fifth part is the fourth chapter of the text,from the necessity and feasibility of the identification of the membership of rural collective economic organizations and related rights of the case whether belong to the scope of civil cases.It is concluded that such cases should fall within the scope of acceptance of civil proceedings.The sixth part is the conclusion.