On the Legal Logic of the Distribution of Rural Collective Income
The Rural Collective Economic Organization Law has established a foundational framework for the distribution of rural collective income.However,the legislative provision in Article 40,Paragraph 3,which addresses the"quantification of the right to income from collective business property,"presents new interpretive challenges.These include:first,identifying the property basis for the distribution of rural collective income,or in other words,determining"what is to be distributed";and second,establishing a mechanism for the fair and reasonable distribution of rural collective income,which addresses"how it should be distributed."Furthermore,it is essential to clarify the scope of distribution for rural collective income,or the question of"how much should be distributed."This involves theoretically refining the logic of private law that underpins the distribution of rural collective income,effectively asking"on what basis should it be distributed?"The property basis for distributing rural collective proceeds is derived from the income of collective operating property,not from the ownership of collective property or other forms of collective property income.For the distribution of rural collective income,it should be allocated based on collective asset shares.The varied practical forms of collective asset shares require alignment through a logic of compatibility,thereby creating a rural collective income distribution mechanism that is grounded in the fair allocation of collective asset shares and supplemented by the realization of efficiency benefits associated with other types of shares.
Rural Collective IncomeRight to Distribution of IncomeCollective Asset SharesRural Collective Economic Organization Law
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