Conditions for identifying economic members of collective organizations

Determination of membership of rural collective economic organizations

I. 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.

Two, the way 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. Membership: I was not originally a member of a collective economic organization, but later I obtained the membership of a collective economic organization based on certain legal relations. Due to national defense construction or other policy factors, people who enter the production and life of local collective economic organizations through immigration and register their permanent residence in the local area according to law should also obtain the membership of local collective economic organizations.

Two, determine the special circumstances of the membership of rural collective economic organizations:

1, there is no permanent residence in the location of the rural collective economic organization, but they are members of the rural collective economic organization: although these people have lost their permanent residence in the location of the original rural collective economic organization, they should retain their membership in the rural collective economic organization because they still take the rural land of the rural collective economic organization as their basic living guarantee. Generally speaking, they include the following three categories:

(1) Learners, specifically those who are admitted to colleges and universities, move their registered permanent residence into their schools, and the schools manage them in the form of collective registered permanent residence. It should be noted that the reason why the school requires the household registration to be moved into the school collective household registration does not mean that students still take the rural land of rural collective economic organizations as their basic living guarantee, and retaining their membership is of positive significance for improving the quality of rural population;

② Military service personnel. The State Council and the Central Military Commission's Regulations on the Resettlement of Ex-servicemen and Interim Measures for the Resettlement of Non-commissioned Officers stipulate that rural conscripts and junior non-commissioned officers go to the countryside after demobilization, and the government is not responsible for arranging work and solving urban hukou. Therefore, such personnel still need to take the contracted land as their basic source of livelihood. Retaining their membership is of great significance to safeguarding national security and consolidating national defense.

(3) two prisoners. Although he lost his personal freedom and even his political rights because of illegal and criminal acts, his membership in collective economic organizations has not been lost. Although these people have moved out of their permanent residence, they do not bear the basic living guarantee after returning to society. Keeping their party member status plays an irreplaceable role in actively accepting reform, avoiding falling into the abyss of crime again because of their lives, and truly realizing the purpose of reform.

2. Having a permanent residence in the place where the rural collective economic organization is located does not mean that it has the membership of the rural collective economic organization, which is manifested in the return of retirees to their hometowns. Although these people will move their registered permanent residence to the countryside for production and life, they will enjoy the wages and various welfare benefits of retirees and have a basic source of living security. Such people should not be regarded as members of rural collective economic organizations.

Fourth, this kind of problem is the most complicated in the practice of "farmers marrying women" to determine the membership of collective economic organizations. Driven by economic interests, when members of relatively wealthy collective economic organizations marry into relatively poor collective economic organizations, although they have been producing and living in the place where they got married, they do not move their hukou. However, since it is divorced from the production and life of the original collective economic organization, it means that there is no fixed collective production and life state with the members of the original collective economic organization. It is believed that its membership in the original collective economic organization will lead to the abnormal expansion of the population of the rich collective economic organizations brought about by the single household registration standard, and increase the "negative pressure difference" between population and resources in the region;

In addition, starting from the same nature of collective economic organizations, the population increased by marrying into the production and life of collective economic organizations has been regarded as one of the important ways to increase the population of collective economic organizations since ancient times, and it is also in line with the natural habit of historical formation to determine its membership by the collective economic organizations where the actual production and life are located.

Rural collective economic organizations refer to economic organizations that own land, which originated from the agricultural cooperative movement in the early 1950s. Rural collective economic organizations are different from enterprise legal persons, social organizations and administrative organs, and have their unique political and legal nature.

Rural collective economic organizations are the only organizations that own land except the state. It is an agricultural socialist economic organization in which farmers voluntarily unite to put all their means of production (land, farm tools and farm animals) under collective ownership in order to implement the transformation of socialist public ownership, organize agricultural production and management, and collectively work for farmers, each according to his ability and distribution according to his work.

After the disintegration of the people's commune, the rural collective economic organizations continued to exist according to the original scale, but some names have changed and the names vary from place to place; Its management mode has changed from collective management to distribution according to work and now to family management.

Legal basis: Article 260th of the Civil Code of People's Republic of China (PRC), collectively owned real estate and movable property include:

(1) Land and forests, mountains, grasslands, wasteland and beaches collectively owned by the law;

(2) Collectively owned buildings, production facilities and irrigation and water conservancy facilities;

(3) Collectively owned educational, scientific, cultural, health and sports facilities;

(four) other real estate and movable property owned by the collective.

Article 261 of the Civil Code of People's Republic of China (PRC) * * * The real estate and movable property collectively owned by peasants belong to the collective members.

The following matters shall be decided by collective members in accordance with legal procedures:

(a) the land contract scheme and land contract to organizations or individuals outside the collective;

(two) the adjustment of contracted land between individual land contractual management rights holders;

(three) the use and distribution of land compensation fees;

(4) Changes in the property rights of collectively-funded enterprises and other matters;

(5) Other matters prescribed by law.

Article 262 of the General Principles of the Civil Law of People's Republic of China (PRC), collectively owned land, forests, mountains, grasslands, wasteland and beaches shall exercise ownership in accordance with the following provisions:

(a) belongs to the village farmers' collective ownership, by the village collective economic organizations or villagers' committees on behalf of the collective exercise of ownership;

(two) belonging to more than two peasant collectives in the village, the collective economic organizations or villagers' groups in the village shall exercise ownership on behalf of the collective according to law;

(three) owned by township farmers, the township collective economic organizations shall exercise ownership on behalf of the collective.

Fifth members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law.

No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land.

"People's Republic of China (PRC) Land and Land Contract Law" Article 13 If the land collectively owned by farmers belongs to village farmers according to law, it shall be contracted out by village collective economic organizations or villagers' committees; Belong to the village more than two rural collective economic organizations collectively owned by farmers, contracted by the village rural collective economic organizations or villagers' groups. The village collective economic organizations or villagers' committees shall not change the ownership of the land collectively owned by farmers in the village collective economic organizations.

Rural land owned by the state and used collectively by farmers according to law shall be contracted by rural collective economic organizations, villagers' committees or villagers' groups that use the land.