The Construction of Equity Inheritance Rules for Rural Collective Economic Organizations——Taking the Current Local Pilot Models as a Point of Reflection
Following the Decision made at the Third Plenary Session of the 18th CPC Central Committee,which proposes granting farmers the right to inherit collective assets shares,the CPC Central Committee and the State Council issued the Opinions on Reforming Collective Property Rights,urging local government to organize and implement pilot reforms of the system of farmers'right to inherit collective asset shares.Local trials for rural collective economic or-ganizations'equity systems can be summarized into two models:"generally applicable"and"specially adjusted".The generally applicable model neglects the unique requirements of col-lective ownership for inheriting equity and applies rules of inheritance law inappropriately.The convergence of content in the specially adjusted model violates pilot requirements for diversity;it has a slightly poorer connection and coordination with inheritance law;and some of its provi-sions do not fully align with collective ownership as a membership right.To draw on local insti-tutional practices and overcome their drawbacks,this paper suggests using the theory of internal and external legal systems as the fundamental guiding principle for rule design.The internal system must adhere to the essential natures of collective ownership,taking farmers as the con-stituent members,respecting the autonomy of collective members,and upholding the basic fair-ness of collective ownership.Inheritance can serve as a factual basis for acquiring membership,but rights associated with acquired shares should be determined through negotiation between the collective and the inheritor.In the case of unsuccessful negotiation,the matter should be decid-ed by a vote by the collective members'assembly or representative assembly.The expansion of scope of inheritance should be limited to non-collective-member farmers farmers within a coun-ty.Strict restrictions should be imposed on the heir's inheritance shares and a registration-based approach should be taken for the change of share ownership.The external system should clarify special rules based on the legal attributes of equity inheritance and coordinate appropri-ately with general inheritance law.The specially adjusted model should delete provisions related to inheritance methods,the exercise of rights by individuals lacking capacity,and the handling of equity in cases of no rightful inheritor.Grounded in the essential nature of collective owner-ship,rural collective economic organization equity shares similarities with other rights,provi-ding potential for further expansion in applicability.Based on the essence of collective owner-ship,share ownership in rural collective economic organizations should be treated the same as such rights as land use,contracted management,and collective income distribution,despite their apparent differences.The insights presented in this paper,based on upholding the essen-tial bottom line of collective ownership,have the potential of applying to the inheritance of such rights as land use and contracted management,which are part of collective benefits.
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