A Judicial Study Of The Identification Of Rural Collective Economic Organization Membership In Xinjiang

The membership of rural collective economic organization is the premise and foundation for peasants to enjoy the rights and to undertake the obligations of members in the collective economic organization.The absence of membership identification procedures and methods,identification standards and exceptions in China’s current law has led to long-standing related disputes,and has entered an explosive period along with the overall recovery of the rural collective economy.In some areas,group incidents occur due to poor handling of the problem,which has a great impact on the original stable rural social order.It is of great practical significance to properly identify membership for the protection of collective property,the maintenance of the rights and interests of members,the settlement of related disputes,and the alleviation of grass-roots contradictions.The special formation background,establishment purpose and operation mode of rural collective economic organization cause the complexity of membership identification,which makes its membership have the characteristics of specificity,exclusiveness and equality,and makes it difficult to get out of the dilemma of membership identification by means of legislation in a short time.This paper tries to provide a judicial solution to this dilemma and even provide some ideas for future national legislation through judicial research.This paper adopts the way of case analysis to analyze courts ’ practices in identifying the membership of rural collective economic organizations in Xinjiang.Different courts in Xinjiang hold different views on whether qualification determination is civilly actionable.The judgment opinion of ejecting on handling the matter indicates that the problem should be left to the peasants’ autonomy and the intervention of administrative management could cut off the path of civil litigation of the problem.The reasons reflect the courts’ misunderstanding on the relationship between judicial determination and collective member autonomy,and the misjudgment on the conflict between administrative intervention and civil litigation.In substantive processing,local courts rarely apply the existing local regulations of Xinjiang to make judgment opinions.Almost all courts take the household registration factor into account,but due to the inconsistency of the combined factors and the deviation of the understanding of each factor,there is significant conflict among the adopted identification standards.Focusing on the problems and the common points reflected in the judicial practice of Xinjiang,drawing on the experience in the style,the framework and the specific rules of the existing judicial guidance of other provinces through normative analysis,and combining with the academic theoretical research,it is suggested that the judicial guidance be formulated in Xinjiang to make special provisions for the identification of the membership of rural collective economic organizations,to clarify the legal concept of the membership of rural collective economic organizations and confirm the civil actionability of related disputes,to delete the part about the obtaining and losing of membership in the previous trial guidance,to establish the rigid identification standard of "household registration + basic living guarantee" mode,and to list the special cases.