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Study On The Mechanism Of Membership Accreditation In Rural Collective Assets Confirmation

Posted on:2019-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:M K ShaoFull Text:PDF
GTID:2439330545994199Subject:legal
Abstract/Summary:PDF Full Text Request
At present,the most interesting aspect of the rural areas in China is the reform of the collective property rights system.This reform seeks to explore the effective form of rural collective ownership and release the new kinetic energy of rural collective property rights.The productivity under the household contract responsibility system tends to saturate.The gradual establishment and improvement of a new system of property rights through practice and the further emancipation and development of rural productivity are crucial to the development of rural areas in the new period.Therefore,in order to further promote the reform of collective property rights,the pilot project should be accelerated.With the pace of exploration,the State Council issued the Opinions on Steadily Improving the Reform of the Rural Collective Property Rights System,and made overall arrangements for the reform of the rural collective property rights system.During the entire process of reform,the qualification of collective members is of great importance.In view of the problem of membership qualification found during the pilot phase of the earlier period,this paper,based on the history of China's collective economic organizations,analyzes the current practice of rural collective property rights reform and related policies,and then analyzes the problems in the current reform and development.Investigate the difficulties and obstacles of membership qualification in the process of ensuring the ownership of rural collective assets,and consider and design relevant legal systems for the determination of members' qualifications in the process of ensuring the right of ownership.Try to construct a subject,procedure,object,and relief Steps to the membership legal system provide advice.This article mainly studies the legal system of China's rural collective membership qualification from the following sections:The first part is the summary of the membership qualification in China's collective assets.In this section,first,we analyze the changes in collective economic organizations from a historical perspective.Second,explain the concepts related to membership and analyze the characteristics of collective economic organizations.The second part is about the legal issues of membership qualifications faced by China's rural collective assets.From the perspectives of theories,laws,regulations,judicial policies,and practical cases,we tried to analyze the basic reasons for the membership qualification problem and the specific obstacles to establishing and improving the legal system.First of all,it analyzes the advantages and disadvantages of the four theoretical viewpoints,and points out that it should be based on a comprehensive and comprehensive grasp of the identified criteria,and on this basis,finds institutional and theoretical obstacles.Secondly,it analyzes the existing laws and regulations and local policies on the qualifications of members and collective economic organizations,and analyzes them,pointing out the areas that are not mature in the current regulatory system.Finally,the introduction of the judicial policy of the Supreme People's Court and the local high courts,combined with judicial case analysis,points out the need for national legislation on membership qualification.The third part establishes the legal system of membership qualification in the process of ensuring the rights of rural collective assets.This part is a key part of this paper.The qualification mechanism for the membership of a collective economic organization is a systematic project,which is mainly composed of the subject identified,the procedures for certification,and the content of the identified standards.The qualification criteria for membership of rural collective economic organizations is the basis,key,and important basis for qualification determination.Therefore,the content of the certification standards should be detailed and comprehensive.The identified subject is the main body that exercises the right to identify,and it should also be regulated by laws and regulations.Whether or not the procedure is properly and reasonably related to the fairness and fairness of the results of the determination requires more detailed regulations in laws and regulations.However,in light of the actual situation,it is not realistic for the National People's Congress to implement national legislation within a short period of time.A more effective way is for the central government to formulate some principles and regulations,and local governments should formulate specific implementation standards based on the guidance of the central government.Under the current rule of law environment,it is a reasonable way for the court to make a final decision on the qualification of a member of a collective economic organization,which can effectively resolve disputes.However,perfecting the system of collective economic organizations is the fundamental solution to disputes over the qualifications of members of collective economic organizations.
Keywords/Search Tags:rural collective economic organization, membership, main body of cognition, standard of affirmation
PDF Full Text Request
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