农村集体经济组织成员资格认定的立法路径选择

The Choice of Legislative Path for the Membership Identification of Rural Collective Economic Organizations

农村集体经济组织成员资格的认定在理论界主要有法定化和自治两种立法路径的争论。为更好地维护成员权益,顺利推进农村集体产权改革,农村集体经济组织成员资格认定应选择法定化为主、自治为辅的立法路径。农村集体经济组织成员资格认定制度包括法定资格认定标准与程序、自治决定成员资格的范围与程序两方面。农村集体经济组织成员法定资格的认定标准应区分既有成员和新加入成员:对于既有成员的认定标准,法律应明确规定,同时明确,集体决议不应随意剥夺其成员资格;对于新加入成员的认定标准,除法律规定外,集体可以有更大的自治空间。农村集体经济组织自治决定成员资格的程序应交由集体决议。

The identification of the membership of rural collective economic organizations has two main legislative paths in the theoretical circle, which are legalization and autonomy.In order to better safeguard the rights and interests of members and smoothly promote the reform of rural collective property rights, the identification of the membership of rural collective economic organizations should choose the legislative path of legalization as the priority and autonomy as the supplement.The membership recognition system of rural collective economic organizations includes two aspects: the standard and procedure of legal qualification recognition, and the scope and procedure of autonomous determination of membership.The criteria for determining the legal qualifications of members of rural collective economic organizations should distinguish between existing members and new members: the criteria for determining the existing members should be clearly defined by law, and it should also be clear that collective decisions should not arbitrarily deprive their membership;As for the identification criteria of new members, the collective can have more autonomy except as stipulated by law.The procedure for the autonomous determination of membership of rural collective economic organizations shall be submitted to the collective for resolution.