How to identify the membership of rural collective economic organizations?

Principles for determining the members of rural collective economic organizations;

1, whether there is a permanent residence in the location of the rural collective economic organization;

2, whether in the rural collective economic organizations for long-term production and life; ?

3. Whether to take the land of rural collective economic organizations as the basic living guarantee Note: The above three criteria are not parallel or selective, and should be comprehensively judged and analyzed according to specific conditions.

Ways to obtain the membership of rural collective economic organizations;

1. Original acquisition: At birth, one or both parents have the membership of this collective economic organization.

2. Joining and obtaining: I was not originally a member of this collective economic organization, but later I obtained the membership of this collective economic organization based on certain legal relations.

References:

1, the original people's commune organization evolved. Township (street) collective economic entities (such as companies, cooperatives, etc. Village economic cooperatives, village stock economic cooperatives, natural village economic entities, etc.

2. New joint organization. Farmers' specialized cooperatives, specialized farms (villages) and other rural cooperative enterprises.

Rural collective economic organizations only put forward a noun concept in the Land Management Law, the Land Contract Law, the Property Law, the Organization Law of Villagers' Committees and other laws and regulations. However, the microstructure of collective economic organizations, that is, the criteria for determining the membership of collective economic organizations, is not clear enough, which easily leads to many contradictions and disputes and also affects the reform of rural property rights.

It has become a top priority to make a "legal interpretation" of the membership of rural collective economic organizations as soon as possible. The relevant "Regulations" issued by Zhejiang Province, Wenjiang District of Chengdu and other places, combined with years of grassroots work practice,

The membership of a collective economic organization shall follow the principles of seeking truth from facts, respecting history, being fair and reasonable, and be defined in combination with land contracting, enjoying rights and fulfilling obligations.

The original acquisition was the membership of the original agricultural production cooperative or agricultural production team, and the household registration has been retained in the current collective economic organization; Active duty conscripts; After the expiration of service, the non-commissioned officers who remain in the army will be demobilized and returned to their original places;

Demobilized noncommissioned officers placed in different places will be treated as married and moved to their homes; Students from colleges and universities (except those from military schools) whose household registration was temporarily moved to school management during their study period and moved back to their hometown according to local relevant regulations after graduation belong to members of this collective economic organization.

Legally obtained, that is, in accordance with the relevant laws and regulations, should belong to the members of this collective economic organization, including moving into the household registration because of marriage; After marriage, widowhood or divorce, the woman's household registration is in the collective economic organization, or after divorce or widowhood, the man's household registration is in the collective economic organization;

Registered adopters who have gone through the statutory adoption registration procedures after the promulgation of the Adoption Law of People's Republic of China (PRC); Due to the needs of national construction, the registered agricultural immigrants and their children who have moved into the collective economic organizations are resettled by the government.

The children who apply for marriage are members of collective economic organizations and conform to the family planning policy, and require to enter the collective economic organizations; In violation of the "family planning law" birth of legitimate children, according to the relevant provisions of the requirements to pay social maintenance fees, handled by the collective economic organizations;

The spouse of a member of the collective economic organization who moved to the collective economic organization for the first time after marriage, and moved to the spouse of the collective economic organization after three years of remarriage, and asked to enter the collective economic organization;

Children legally adopted by members of this collective economic organization are registered as non-agricultural registered permanent residence. If they want to join this collective economic organization, they must submit a written application to this collective economic organization, and they can become members of this collective economic organization only after more than two-thirds of the members' assembly or household representative assembly vote and sign for confirmation.

Rural residents who want to join the collective economic organization for reasons other than marriage, adoption, consanguinity and household registration policy. , by the collective economic organization members' meeting or household representative meeting more than two thirds of the votes, and pay a certain amount of accumulated public welfare fund according to the articles of association of the collective economic organization, can become a member of the collective economic organization.

The real-name registration of members of collective economic organizations is the basic condition for participating in the distribution of collective economic interests, compensation and resettlement for land acquisition and demolition, and the confirmation of collective land rights. The masses are sensitive and highly concerned by the society, and their qualifications must be objectively and fairly identified.

To this end, we should establish a real-name registration system for members of collective economic organizations and publicize it regularly every year. Members of this collective economic organization have moved out of their registered permanent residence, died naturally or legally, voluntarily renounced their membership in writing, promoted conscripts and noncommissioned officers to officers during their service, and stayed in the army as noncommissioned officers for more than ten years during their service.

After graduating from colleges and universities, students with registered permanent residence in other places, officially recruited by state organs, enterprises and institutions, legally dissolved collective economic organizations, and other circumstances stipulated by laws and regulations, etc. , its membership is deemed to have been lost, and it is necessary to cancel the membership list in time.

References:

Baidu encyclopedia-rural collective economic organizations