Hurry!! Membership of Rural Collective Economic Organizations!! 5

At present, there is no unified standard for the membership of rural collective economic organizations, that is, the National People's Congress, the Ministry of Agriculture or the Ministry of Agriculture have not issued a unified law, regulation or rule. However, various localities have promulgated some specific regulations in light of their own actual conditions, such as the "Regulations on the Management of Rural Collective Economic Organizations in Guangdong Province" in Guangdong Province, and the "Reply of the Legislative Affairs Commission of the Standing Committee of the Sichuan Provincial People's Congress to the Request for Instructions on How to Determine the Members of Rural Collective Economic Organizations (Chuan Ren Fa Gong 2002 No. 5)" and so on. At present, the general method is to focus on household registration management, supplemented by other conditions to determine.

Membership in a rural collective economic organization has a strong identity nature, and it can be obtained by legal events (such as birth) and by legal acts (such as moving in due to marriage). Therefore, to determine the membership of rural collective economic organizations, we must adhere to two principles: living in the Zen file organization as the basic principle; to create a relationship of rights and obligations to the organization.

Specifically, the following conditions shall be met:

1. The Sheng's wheel is in the collective economy of the destroyer, and there is a household registration or a household registration relationship.

2. Survive and live in the collective economic organization. This mainly refers to the fact that membership in rural collective economic organizations is a kind of civil right capacity, which can only be enjoyed and possessed by people in order to survive, and is immediately extinguished when people die. "Living" in the collective economic organization refers primarily to children born in the organization and born to persons who already have membership in the organization.

3. It has the obligation to enjoy the rights of the collective economic organization. This mainly refers to the possession of rights and obligations that are inseparable from the organization's identity. Therefore, it is biased to determine whether or not to be a member of a collective economic organization based solely on household registration, which cannot take into account historical development and current conditions.

In fact, it should be considered by classification, mainly in the Property Law, and its rights to possession and use of assets can be examined, which can be divided into two types of members: one is ordinary members, who have complete rights and obligations; The second is a special member, who has some obligations and rights.

The filial piety of members of rural collective economic organizations may be confirmed by means of villagers' self-governance resolutions. The acquisition of membership is mainly derived from birth, marriage and other means, because it is not only related to whether to enjoy special status protection, but also determines whether to share the rights and interests of collective assets, and the change of qualifications is naturally inseparable from the resolution of rural collective economic organizations. According to the requirements of the "Opinions on Steadily Promoting the Reform of the Rural Qiaoqinshi Collective Property Rights System", the confirmation of the membership of rural collective economic organizations should be based on relevant laws and regulations, in accordance with the principles of respecting history, taking into account reality, procedural norms, and mass recognition, taking into account factors such as household registration relations, rural land contract relations, and contributions to collective accumulation, coordinating and balancing the interests of all parties, doing a good job in confirming the membership of rural collective economic organizations, and solving the problem of unclear membership boundaries.

The existing laws and regulations do not authorize the ** department to determine the qualifications of members of rural collective economic organizations. The determination of whether a villager has the qualifications to be a member of the economic organization of the first consumer in this episode is not within the scope of the duties of the administrative organ. The confirmation of the membership of collective economic organizations shall be discussed and decided by the rural collective economic organizations.

Individuals who have objections to their membership in rural collective economic organizations may make claims to the relevant rural collective economic organizations.

The determination of the membership qualifications of rural collective economic organizations shall be based on whether or not they have formed a relatively fixed production and livelihood, and whether they rely on rural collective land as a livelihood guarantee, combined with whether they have a permanent residence in the place where the collective economic organization is registered in accordance with the law, as the basic principles for judging the membership of rural collective economic organizations.

Therefore, the identification process can be standardized in accordance with the following measures:

1.All residents who enjoy the right to contract and operate land in a collective economic organization in accordance with law shall be recognized as a member of the collective economic organization.

2.Any resident who has enjoyed the right to contract and operate land in a collective economic organization in accordance with the law may apply to the collective economic organization if he or she wishes to resume becoming a member, and the collective economic organization shall agree to be a member.

3.Residents who have moved into collective economic organizations for policy purposes shall be recognized as members of collective economic organizations.

4.The spouses, lineal blood relatives or legal blood relatives of the above residents and their spouses shall be recognized or may be recognized as members of collective economic organizations.

5.If the above residents die, are expropriated for land, are regular employees of state organs and institutions, enjoy the basic pension insurance benefits for urban employees, and become members of other collective economic organizations, their membership will be cancelled or lost.

It should be noted that in the specific determination process, Jian Ye should make a comprehensive judgment based on the actual situation to ensure fairness and fairness. Stop and shout.

The methods for confirming the membership of rural collective economic organizations are as follows: Those who meet one of the following conditions shall obtain membership in principle:

1. Aboriginal persons registered in the village and their naturally reproduced children;

2. Persons registered in land contracts and their children who have settled in the village;

3. Persons and their children who have moved their household registration into the village due to legal marriage or adoption;

4. Students enrolled in colleges and universities with original household registration in the village;

5. Soldiers on active duty who were originally registered in the village;

6. Prisoners whose original household registration is in the village;

7. Persons who have migrated to their villages due to national construction or other policy reasons and their children;

8. Other personnel who comply with national laws, regulations and policies.

Land Management Law of the People's Republic of China

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.