The practical experience of identification of the membership of
collective economic organizations in rural areas is complex and diversified,
and it is necessary to take the tendency and the system of multiple factors
into full account to set the clauses of membership recognition during the
process of formulation of the Law of Rural Organization of Collective Economy.
The former decision-making way of the theory of causation leads to
simplification of affairs, which can hardly adapt to the complexity of the
social environment. The normative structure of the Dynamic System Theory has
the characteristics of flexibility and softness, which can be used to properly
solve the problem of the tension existing between law and practice of
formulation of collective membership recognition. In combination with the
experience of membership recognition of the collective economic organization in
the studied region, it is concluded that it is necessary to clarify the system
behind the membership and list crucial factors that influence membership
recognition. On this basis, acquisition, reservation and cancellation of the
membership and special population shall be taken into account.
References
[1]
Ding, G. L. (2020). Determination and Protection of Special Groups’ Stock Rights in Rural Stock Right Reforms. The Management and Administration on Rural Cooperative, No. 2, 28-31.
[2]
Gao, S. P. (2014). Legal Difficulties and Solutions of Rural Land Financialization. Social Sciences in China, No. 8, 147-166.
[3]
Gao, S. P. (2019). Contracted Land Legal Right Allocation after Rural Land Contracting Law Modification. Chinese Journal of Law, No. 5, 44-62.
[4]
Gao, S. P. (2020). Civil Code and the Rural Land Right System: From Attribution to Application. The Journal of Peking University (Philosophy and Social Science Edition), No. 6, 143-154.
[5]
Hann, C. M. (1993). From Production to Property: Decollectivization and the Family-Land Relationship in Contemporary Hungary. Man, 28, 299-320.
[6]
He, B. Y. (2021). Historical Development, Basic Connotation and Member Recognition of China’s Rural Collective Economic Organizations. Law Application, No. 10, 9-21.
[7]
Huang, Y. X., & Wang, G. (2016). Consideration of Some Important Problems of Rural Collective Property Right System Reform: Report of Investigation in Sichuan and Guangdong. The Agricultural Economics and Management, No. 1, 5-10.
[8]
Jiang, X. H. (2017). Judicial Recognition of Rural Collective Economic Organization Membership: Based on the Arrangement and Research on 372 Judgment Documents. The China Rural Survey, No. 6, 14-27.
[9]
Liu, J. Y. (2019). Path of Standardization of Rural Economic Organization Membership Recognition through Private Law. The East China University of Political Science and Law, No. 6, 151-162.
[10]
Liu, Y. S. (2016). Rural Land Ownership System Reform: Actual Presentation and Legal Response (p. 72). Beijing Legal Publishing House.
[11]
Marx (1964). Selections of Marx and Engels (Volume 18) (Trans. by Compilation and Translation Bureau of Marx, Engels, Lenin and Stalin, p. 67). People’s Publishing House.
[12]
Marx (2012a). Selections of Marx and Engels (Volume 3) (Trans. by Compilation and Translation Bureau of Marx, Engels, Lenin and Stalin, p. 178). The People’s Publishing House.
[13]
Marx (2012b). Selections of Marx and Engels (Volume 3) (Trans. by Compilation and Translation Bureau of Marx, Engels, Lenin and Stalin, p. 825). The People’s Publishing House.
[14]
Pound, R. (1984). Social Control through Law the Task of Law (Translated by Shen Zongling, p. 112). The Commercial Press.
[15]
Wang, L. M. (2020). Legislative Highlights, Features and Application of the Edition of the Right of Personality of the Civil Code. The Journal of Law Application, No. 17, 5.
[16]
Xu, Z. Y., & Fan, Z. X. (2020). Path of Standardization of Farmers’ Collective Membership Recognition: From the Perspectives of Local Legislation and Judicial Practice. The Journal of Hainan University (Humanistic and Social Science Edition), No. 5, 109-117.
[17]
Zhang, X. G. (2021). How to Understand the Special Judicial Person of Rural Collective Economic Organizations. The Journal of Jinan University (Philosophy and Social Science Edition), No. 10, 14-24.
