Research On The Legal Issues Of The Membership Of Rural Collective Economic Organizations

The right of member is the comprehensive right that the collective member depends on to survive and develop.Membership of rural collective economic organizations is the basic premise of the right to enjoy membership.The legal basis for the recognition of membership of rural collective economic organizations in China is not perfect,and there is no unified and targeted legislation at the national level.Although many provinces and cities have introduced relevant legislation,the level of effectiveness is generally low.There is no consensus among the theorists on the existence of such theories as the theory of household registration,the theory of production and life,the theory of rights and obligations,the theory of survival guarantee and the theory of compound.In addition,in rural collectives,the identification subjects of membership are confused,which leads to the infringement of members’ rights and interests by multiple subjects.Different standards of judicial acceptance cause many judicial difficulties such as improper right relief.In this regard,on the basis of the comprehensive analysis of theoretical theories and local legislation,this paper takes the judicial practice of the identification of membership of rural collective economic organizations as the breakthrough point,makes a multi-case analysis of the relevant judgment documents,and tries to explore more practical Suggestions for improvement.In this regard,at the legislative level,the law of rural collective economic organization should be enacted as soon as possible,and a special chapter should be adopted for the recognition of membership,so as to improve the legal basis for the recognition of membership.As for the identification standard,we should start from the basic value of the right of members,establish the general standard that takes the household registration,production and life as well as the basic life guarantee as the elements of judging balance,and formulate specific standards for the typical and special groups,so as to realize the unification of the elements of judging balance as far as possible.On the basis of clarifying the functional orientation of rural collective economic organizations and villagers committees,the author insists on the priority status of rural collective economic organizations in the identification of membership and the substitute status of villagers committees.At the level of judicial relief,the scope of acceptance of membership determination disputes can be further expanded in view of the different cases of acceptance of the same case and judgment results,and the Supreme Court shall list the specific causes of cases to be accepted by the court,so as to improve the justicity of membership determination cases.In order to fully implement and protect the rights and interests of the members of rural collective economic organizations,we should include the tort resolution formed by collective autonomy into the scope of accepting cases.