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

China’s laws have no provisions on the qualification criteria for members of collective economic organizations,which seriously affects the distribution of interests such as land contracting and management rights,collection of compensation and so on.Despite active exploration in both the theoretical and practical circles,but the parties disagree,and the membership debate continues.With the implementation of the strategy of rejuvenating our country,the state made an active exploration of rural economic construction,the latest 2020 Central Document No.1 also emphasized in the task of focusing on the key reforms in the rural areas,orderly carrying out work such as confirming collective membership status,indicating the attention paid to the confirmation of membership.In judicial trials,disputes over land contracting,the use of homestead,compensation for land expropriation and the distribution of village collective interests caused by the recognition of membership of collective economic organizations abound.In most of these disputes,there are dilemmas such as the same case being decided differently and the court not accepting the case.This paper raises this question from a typical case,and explores the essence of collective economic organizations from the historical development of collective economic organizations.Then research the current situation of legislation and judicature,finds out and propose some Suggestions for the improvement of the system of recognition of membership of collective economic organizations.This paper is divided into four parts.The first part,raise the question.With a typical case of dispute over compensation for expropriation of land,through sorting out the case,this paper puts forward the problem discussed in this article--the problem of determining the membership of collective economic organizations.The second part,this section provides the theoretical basis for the following article.First of all,from the historical development of collective economic organization,looking for the essence of collective economic organization,so as to get the concept of collective economic organization.Then,the two groups of concepts related to membership were defined to clarify their connotations and similarities anddifferences.Finally,it analyzes the significance of determining the criteria for the recognition of the membership of collective organizations.The third part.Current situation research and cause analysis.The status quo of legislation and judicature in the recognition of membership of collective economic organizations is sorted out.In terms of legislation,a comparative study was made on the recognition criteria,the article analyzes the provisions of laws,administrative regulations and local normative documents on the recognition of membership of collective economic organizations.In the field of judicature,makes a comparative study on the different approaches to qualification recognition in judicial interpretation,local judicial policy and judicial practice.The reasons for the existence of the problems are found in the absence of clear provisions in,such as the lack of clear provisions in laws,the different standards in local regulations,the lack of provisions on the loss of membership,the high degree of autonomy of villagers,the interests of the minority are vulnerable to infringement and inadequate rights relief.The fourth part.In the foregoing discussion as a premise,explore the perfection of membership recognition system.Based on the research of the status quo of legislation and judicature,puts forward some Suggestions on the improvement of the qualification standards.The paper puts forward specific Suggestions on how to perfect the criteria of membership.Finally,I call on the state to implement uniform legislation as soon as possible,affirm the justiciability of membership determination,give full play to the role of arbitration,to ensure that the rights and interests of organization members are not infringed by the improvement of the system of recognition of membership of the collective economy.