集体成员权界定标准问题研究被引量：14

Study on Criteria of Definition of Collective Membership Rights

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摘要集体成员权是农民获得耕地承包权、宅基地使用权和集体经济收益分配权的前提,界定集体成员权具有现实紧迫性。根据事实、规范和目标的三维分析框架研究集体成员权界定标准问题。目前国家缺乏专门界定集体成员权的法律法规,村集体界定集体成员权的标准详细具体但较庞杂,部分标准与国家法律法规相关规定相悖。集体成员权界定不仅是效率问题,更是公平问题。但不同公平正义观界定集体成员权标准存在差异甚至矛盾。国家界定集体成员权主要目标为解决纷争、规范管理、保护权益和促进发展。因此,国家应制定集体成员权界定的基本标准,村集体依据国家基本标准制定具体标准。国家界定集体成员权的基本标准,一是户籍,二是以土地为基本生活保障,三是村庄具有固定的生产和生活。 The right of collective membership was the premise of farmers' right to contract farmland, the right to use homestead and the right to distribute collective economic benefits. Defining collective membership rights had been become a real pressing issue. The definition criteria of collective membership rights was studied based on the three dimensional analysis framework of facts, norms and objectives. The collective membership was not specifically defined by laws and regulations in China. The criteria for defining collective membership in village collectives were detailed and specific, but the criteria were contrary to the relevant provisions of national laws and regulations. The definition of collective membership was not only a matter of efficiency, but also a matter of fairness. But different views of fairness and justice had different criteria for defining collective membership, some of which were even contradictory. The main goal of defining collective membership by the state should be to resolve disputes, regulate management, protect rights and interests and promote development. According to the study, the basic criteria for defining collective membership rights should be formulated by the basic, and the specific criteria according to the basic national criteria should be formulated by the village collective. There were three basic criteria for defining collective membership by the basic, one was household registration, the other was land as the basic guarantee of life, and the third was that there were relatively fixed production and living in villages.

作者唐浩 TANG Hao(Economic College, Hunan Agricultural University, Changsha 410128, China)

机构地区湖南农业大学经济学院

出处《农业经济与管理》 CSSCI 2019年第1期45-52,共8页 Agricultural Economics and Management

基金国家社会科学基金项目(14BJY102)

关键词集体集体成员权集体成员权界定标准 collective collective membership definition standard of collective membership rights

分类号 F321.32 [经济管理—产业经济]

作者简介唐浩,男,副教授,研究方向:农业经济理论与政策。