Core Viewpoint - The new Rural Collective Economic Organization Law, effective from May 1, 2025, aims to clarify member identification and rights within rural collective economic organizations, addressing long-standing issues related to member qualifications and disputes [4][5][28]. Group 1: Member Identification Criteria - The new law specifies three criteria for member identification: 1) having a household registration in or previously in a rural collective economic organization, 2) establishing a stable rights and obligations relationship with the organization, and 3) relying on collective-owned land and property for basic living security [6][11][13]. - There is a need for further clarification on what constitutes a "stable rights and obligations relationship" and what qualifies as basic living security based on collective property [35][39]. - As of the end of 2022, approximately 900 million members have been confirmed in rural collective economic organizations across about 980,000 registered organizations [50][51]. Group 2: Exclusions from Membership - The law explicitly excludes civil servants (except for those on a contract basis) from membership, with discussions suggesting that this exclusion could be extended to include contract civil servants, employees of public institutions, and state-owned enterprises [17][70][72]. - The law aims to prevent individuals who do not actively participate in rural life from retaining membership solely based on household registration [64][66]. - There is a recognition that individuals who have left rural areas for work can regain membership if they return and fulfill their obligations [69]. Group 3: Women's Rights Protection - The new law emphasizes equal rights for women, ensuring that their rights within rural collective economic organizations are protected regardless of marital status or other factors [90][91]. - It specifies that women should not lose their membership due to reasons such as marriage, divorce, or migration, thus enhancing the legal standing of women's rights in rural areas [95][100]. - The law also addresses the rights of new members, including those who marry into the community, ensuring they are recognized as members and can access the same rights as historical members [109][111].
谁应享受成员权益、谁要排除在外?专家解读农村集体经济组织法
Nan Fang Nong Cun Bao·2025-04-30 08:34