Judicial Examination and Litigation Disposition of the Rules of Collective Members'Right of Revocation
The Rural Collective Economic Organization Law has initially established a litigation rights mechanism for collective members from a systemic perspective,yet there remain issues of incomplete and diminished litigation rights.By employing organizational logic,the law allocates litigation rights to collective members and establishes corresponding litigation rules.Vertically,the law should acknowledge the dynamic and progressive three-tier structure at different stages of litigation;horizontally,it should apply the three types of litigation formed based on the purpose of the action.The Rural Collective Economic Organization Law has evolved along a path that protects members'rights and interests through the right of cancellation,safeguards the interests of organizations with the right of representative litigation,and upholds the legitimacy of resolutions through administrative remedies.However,there are still challenges such as the fragmented right of cancellation,oversights in the rules of representative litigation,and ambiguity regarding the justiciability of resolution disputes,leaving considerable room for interpretation in judicial practice.Representative litigation,tort litigation,and resolution litigation should be established in accordance with the principle of collective members'right to action.The rules governing these should be expanded and refined through the issuance of judicial interpretations or by judges adopting an expansive interpretation approach.
Rural Collective Economic Organization LawThe Litigious Right of Collective NumberRepresentative LitigationSelf-interest LitigationShared Interest Litigation
NETL
NSTL
万方数据
