| How to identify the membership of rural collective economic organizations has been one of the focus problems that have plagued the theoretical and practical circles for many years.Nowadays,there are various complex problems in the identification of the membership of rural collective economic organizations,such as confusion of identification standards,unclear identification power subjects,lack of identification procedures and lack of identification relief paths.These problems are related to the personal and property rights of villagers and the overall plan of people’s livelihood,so they need to be solved urgently.However,it is unknown whether such disputes can be litigated and arbitrated.Therefore,if we want to better and faster solve the disputes arising from membership recognition,we need to not only start from the basic standards,basic principles,power subjects and procedures of membership recognition,but also clarify whether it can be sued.Generally speaking,in order to solve complex problems,we should first carry out the identification work according to the principles of legality,social security,public order and good customs,and determine the identified power subjects.We should also clarify the supervision power of the government,village committee and villagers,supervise the identification of power subjects,and avoid abuse of power;Secondly,we should apply the "bottom line survival guarantee + registered residence" standard to deal with the general qualification of members,and apply different standards to deal with special groups that qualify.Thirdly,clarify the Actionability of disputes caused by dissatisfaction with the determination results of membership,and classify them into the acceptance scope of civil litigation and civil arbitration;Finally,take the court as the last line of defense of judicial relief,solve the complex identification disputes of membership through civil litigation and civil arbitration,solve the simple identification disputes of membership through mediation and reconciliation,and jointly solve the problems in the identification process of membership of rural collective economic organizations in combination with public relief and private relief. |