农民集体成员资格认定标准立法完善的基本思路

Basic thought on the legislation perfection for collective members' qualification of farmers

为解决困扰司法界的农民集体成员资格认定问题,对农民集体成员资格认定的本质、基本原则、一般标准和典型情形做了探索。分析认为:农民集体成员身份之争实为经济利益之争,农民集体成员资格认定需要贯彻平等、公平、生存保障、资格惟一、利益衡量的基本原则;应该以户籍、长期固定的生产与生活关系、生活保障基础3个方面因素作为一般认定标准;此外,应对农民集体成员资格认定的特殊情形进行有针对性的特别处理。

The essence, basic principle, standard and typical cases in the qualification of farmers＇ collective members were analyzed to solve the qualification problem which has been puzzling judicial cir- cle. The analysis indicates that the principle of equality, justice, and survival guaranty, exclusiveness of qualification and balance of interests shall be implemented in identifying the qualification of farmers＇ col- lective members. The general standard for identifying such membership should be based on three factors such as household registration, long-term fixed production and living relationship and survival guaranty basis. In addition, such membership identification shall be done differently in some special circum- stances.