Research On The Qualification Criteria Of Married Women Members Of Collective Economic Organizations

According to the draft Law of the People’s Republic of China on Rural Collective Economic Organizations,which was deliberated at the 38 th session of the Standing Committee of the 13 th National People’s Congress,the general assembly of rural collective economic organizations should take into account factors such as household registration,land contract and sources of basic living security,in line with the principles of respecting history,taking into account reality,procedural norms and public approval.So as to confirm the members of this collective economic organization according to law.It also states that persons added as a result of changes in marital relations shall generally be recognized as members of the collective economic organization,and women in the collective economic organization shall not lose their membership in the collective economic organization due to widowhood or divorce.Although the draft reflects the protection of women whose marital relationship changes to a certain extent,in essence,it still returns the confirmation of women’s membership to the collective,ignores the special situation that women will have an interested relationship with the two collectives based on the change of marital relationship,and fails to fundamentally solve the problem of how to protect women’s rights and interests as members of collective economic organizations.In judicial practice,the phenomenon of different verdicts in the same case is quite common,and the adjudication rules are not uniform.In view of this,this paper focuses on the research into the criteria of the membership of the collective economic organizations of married women,in order to find out the identification rules that can adapt to the current situation of Chinese development.This paper is divided into four parts.The first part,starting from the legislative background of rural collective economy,combined with the current land rights system and development status in rural areas,combined with domestic scholars’ views on the basic problem of collective economic organizations,that is,membership identification,discusses the realistic urgency to solve the dispute of married women,which provides practical basis and theoretical support for the discussion on this item.The second part is going to take the method of empirical research and statistics from the judgment documents concerning the "disputes of rights and interests of the members of collective economic organizations" of the married women from 2011 to half past 2023.After sorting out and analyzing the data,it is found that since 2011,there are still big differences in the attitudes of courts at all levels and local areas on whether to accept such cases.Even the courts accepting cases also have very obvious differences in attitudes on the basic issue of the identification standard of the membership of married women.Some courts are unable to reach a unanimous opinion on this issue.The third part discusses the causes of infringement of the rights and interests of the members of the collective economic organizations of married women,and makes clear the current situation that the subject of ownership is separated from the subject of ownership exercise under the land rights system in the rural areas at present,and the subject of right is unclear under the collective ownership of farmers.At the same time,due to the confirmation of the criteria of the right and the loss of the right of the members of the rural collective economic organizations and the confusion of the functions of the rural collective economic organizations and the villagers’ committees,the boundary among the members of the collective economic organizations and the farmers’ collective members has been further blurred.In the fourth part,on the basis of the theoretical discussion,judicial combing and cause analysis of the disputes of married women,the courts of the present stage of the practice of dealing with such disputes,advocates guided by the basic principles of civil law,and puts forward the qualification mode of "principle +standard";this paper demonstrates the various elements of the membership recognition of the collective economic organizations for women married to other women,and puts forward a compound judgment path that takes "basic living security" as the essential factor to judge whether they have the membership or not,and takes "household registration","production and life relations","land contract shares" and "rights and obligations relations" as the formal factors.Combining the "original acquisition" and "accession acquisition" of membership in the current judicial practice with the particularity of the relationship between the two collective economic organizations based on the change of marital relationship,the author puts forward the judgment method of the original acquisition and the negative influencing factors,and the judicial judgment path of the combination of the acquisition of accession and the positive influencing factors.This article embarks from the legislative present situation,unifies the governing present situation in rural areas,summarizes and analyzes the same cases different judgments in the judicial practice,unifies the legal and historical causes that cause the present situation,further unifies our country’s present stage legislative process and judicial practical experience,finally puts forward a solution.