Research On The Criteria For Determining Membership In Rural Collective Economic Organizations

Having the membership of rural collective economic organizations is an important prerequisite for obtaining the right to contract land management,the right to use residential bases and other members’ rights to safeguard their interests.The 2018 "Central Document No.1" also clearly puts forward the requirement to comprehensively carry out membership confirmation of rural collective economic organizations.The effective confirmation of membership of rural collective economic organizations in this context can better solve the situation of unclear subjects and is of great significance for the division of members’ interests.After understanding the content of existing laws and examining relevant cases,we found that in practice,there are multiple and confusing factors to consider in determining the membership of rural collective economic organizations,conflicts between local legislation and village rules and regulations,and the lack of consistency and scientificity in the specific criteria for determining the membership of rural collective economic organizations,which leads to many difficulties in confirming the membership of rural collective economic organizations and thus affects the realization of the rights of members.Therefore,when establishing the criteria for identifying members of rural collective economic organizations,it is necessary to consider the dominant factors of the current identification criteria,and after comparative analysis,the basic livelihood security as the decisive factor influencing the criteria,and the household registration as the auxiliary factor is the most reasonable,based on which the legal principle of basic livelihood security as the dominant factor and household registration as the auxiliary factor is clarified.In order to coordinate the recognition behavior between the state and localities and among localities,it is necessary to establish the criteria for the recognition of state and village collective double layers.According to the statutory principle,the state should set mandatory standards through legislation,so as to solve the problems that are more controversial,with universal and strong externalities.The village collectives can solve the problems with local legacy and ethnic characteristics that cannot be defined by the state due to information problems or are very costly to define through autonomous regulations.Finally,the specific specification system will be improved according to the criteria established above to crack the difficulties encountered in the current identification process.People who depend on the collective to provide land for the most basic living can be identified as members,which should include those who have been living in the area for a long and stable period of time to initially acquire status,as well as those who have acquired status based on marriage and child relations.In reality,there are also cases of temporary separation from the rural collective economic organization,and those who no longer rely on the original collective security should lose their membership in the original collective organization,including enrollment in school,military service,working outside the home,and serving a prison sentence.Since membership should be unique,the original collective membership is lost from the time other collective guarantees are obtained.In order to expand the scope of recognition,special cases such as fetuses and empty households should be included.Specific provisions can make the membership status clearer and protect the rights and interests they deserve.