The Weight of Household Registration:Interpretation of the Criteria for Recognizing the Le-gal Membership of Rural Collective Economic Organizations
The Law on Rural Collective Economic Organizations does not fully resolve the issue of membership determination.In determining membership,household registration is used as the primary criterion for con-firming membership,and those whose household registration remains with the collective economic organi-zation are not required to"form a stable relationship of rights and obligations with the rural collective eco-nomic organization"or"use collectively owned land and other property as basic livelihood security"as a limiting condition.Through historical investigation,it can be seen that,although the empowering function of the rural household register has different connotations at different stages,the household register serves as proof of the contribution of peasants to the formation of collective assets during the period of collectiviza-tion policy,and the empowerment of people by the household register is a manifestation of respect for histo-ry;therefore,the two aforementioned limitations do not constitute a prerequisite for the empowerment of people by the household register.Moreover,as a relatively stable means of public announcement,the household register presents the characteristics of uniqueness and certainty,and the empowerment by household register can realize the factual attribution of collective ownership and avoid the drawbacks brought about by the materialization of membership criteria.However,the use of household registration as the sole criterion for empowerment not only ignores the ever-changing relations of production and life,but also makes it easy to mistakenly take the continuation of household registration as a prerequisite for the re-tention of collective membership,and should therefore take the confirmation of the right to membership as a point in time to distinguish between the different criteria for separating household registration from mem-bership in specific circumstances.
万方数据
维普
