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

The issue of "agriculture,rural areas and farmers" has always been the key issue in China’s macro system design.As the main body of rural society,the protecti on of farmers’ interests is the fundamental starting point and the final foothold.The membership right of rural collective economic organizations is the key point.The construction and protection of the right system should adhere to the problem orientation and take the membership right of rural collective economic organizations as the core breaks through.Although the Civil Law has clearly defined the rural collective economic organization as a special legal person,due to the lack of special legislation,the legal problems of the membership of rural collective economic organization emerge in endlessly--mainly based on the case analysis of China’s online judicial documents.Based on the above foundation,this paper then discusses the legal issues of the membership of rural collective economic organizations.The main body of this paper is divided into four parts.On the basis of a clear theoretical overview,the structure is designed according to the traditional three division method.The content of the first part is the interpretation of the relevant basic theories.Firstly,it introduces its historical evolution,understands its development context,and helps to grasp the direction of rural collective property rights reform.Secondly,it clarifies its legal connotation through the concept,nature and characteristics.Finally,it introduces the right source analysis of the membership right of rural collective economic organizations,and demonstrates the right through legal analysis the internal logic of law.The second part is the analysis of the legislative and judicial status of the right.On the legislative level,due to the lack of special legislation,we can clarify the common problems by combing the relevant provisions of national and local norms on the membership rights of rural collective economic organizations,as well as the relevant provisions of the newly promulgated "Model Constitution of Rural Collective Economic Organizations(trial)";on the judicial level,we can clarify the existing problems in the judicial practice through case retrieval In order to contribute to the formulation of special legislation,this paper summarizes the problems and puts forward corresponding suggestions.The third part is the analys is of the problems and causes of the membership rights of the rural collective economic organizations,which makes clear the three existing problems,namely,the confusion of the membership standards of the rural collective economic organizations;the unclear content of the rights and the unclear relief path for the infringement of the rights and interests of the members.The content of the fourth part is the legal path to guarantee the membership rights of rural collective economic organizations.According to the problems found in the third part,the corresponding measures are put forward,including clarifying the standard of membership identification;clarifying the specific content of membership rights;protecting the judicial relief of membership rights.