Logic Framework of Membership Recognition in Rural Collective Economic Organizations and Its Expansion
The recognition of membership qualification in rural collective economic organizations is fundamental to the reform of the rural collective property rights system,and the determination of the subject of collective ownership is the logical starting point for this issue.Collective ownership does not possess the characteristics of ownership structures such as joint ownership or common ownership.Furthermore,neither the investment relationship theory nor the analogy of the state-owned capital authori-zation system can provide a reasonable explanation for the origin of rural collective economic organiza-tions.Within the context of civil law,rural collective economic organizations should be identified as the subjects of collective ownership.Regarding the relationship between membership qualification and mem-bership right,they are interdependent and mutually constitutive.Membership qualification in essence describes the membership right from the perspective of the subject of right,serving as a recognition of membership right for the subjects.On this basis,the recognition of collective membership qualification is to legally confirm the membership right of farmers in such collective economic organizations.The tradi-tional operating modes in China's rural areas determine that rural households are the basic operating units.Logically,the relationship between family members and the rights and interests acquired on a household basis should be determined as co-ownership by share.The subjects of membership right in collective economic organizations should be members of the collective economic organizations rather than rural households.The urban-rural dual system has led to the inclusion of household registration,which is essen-tially unrelated to the acquisition of membership right,in the identification criteria.However,its eviden-tiary role should not be ignored.Under the traditional approach,it should establish a path to identify the subjects based mainly on birth as well as other kinship relationships,and other exceptional circumstances should be clearly listed so as to establish both forward and reverse recognition mechanisms.Against the backdrop of the reform of the rural collective property rights system and based on different types of stock equity,inherent members of collective organizations and shareholders of joint-stock economic coopera-tives may not be the same.In the future,the aim should be to restore the private law attributes of rural collective economic organizations and collective membership rights and to reform in phases the member-ship right system in rural collective economic organizations.
membership recognitionfarmer collectiverural collective property rights systemrural collective economic organizationjoint-stock economic cooperativemembership right
万方数据
维普
