外嫁女与农村集体经济组织成员资格的认定

Married Women and the Identification of Membership of Rural Collective Economic Organizations

自1998年《村民委员会组织法》颁布以来,农村集体经济组织成员资格的认定被纳入村民自治范畴,由村民自治“多数表决”予以认定,由此引发持续不断的外嫁女等群体权益“两头空”现象,得到中央政策的关注。农村集体经济组织成员资格是属于农民个体的基本权利,不应遵循少数服从多数的自治原则,而应遵循法治原则,这要求制定全国统一的成员资格认定标准。与此同时,也需要明确相关政府职能部门的责任,促进政府依法监管,促进农村集体经济组织依法自治,将法律落实到农村集体经济组织的分配规则之中。

Since the promulgation of The Member Organization Law of the Villagers’Committee in 1998,the identification of the membership of collective economic organizations has been included in the scope of villagers’autonomy and recognized by the“majority decision”of villagers’autonomy.There has been a continuous gap in the rights and interests of groups such as married women,which has aroused the attention of the central policy.The author believes that determining the membership of collective economic organizations belongs to the basic rights of individual farmers.We should not follow the principle of autonomy in which the minority is subordinate to the majority,but the principle of rule of law and formulate a unified national membership recognition standard.At the same time,it is necessary to clarify the responsibilities of relevant government functional departments,promote government supervision according to law,promote collective economic organizations’autonomy according to law,and apply laws into the distribution rules of collective economic organizations.