Abstract:
Delimiting the membership rights of rural collective economic organizations is a prerequisite for the implementation of farmland contract rights, homestead qualification rights, and collective income distribution rights. Currently, there are some contradictions and disputes about delimiting the membership rights of rural collective economic organizations, for example, who delimit the membership rights of rural collective economic organizations. Based on the theoretical interpretation of delimiting subjects and taking Nanhai District, Guangdong Province as an example, this paper analyzed the status of delimiting the membership rights of rural collective economic organizations and proposed a system design of delimiting the membership rights of rural collective economic organizations. Results show that delimiting the membership rights of rural collective economic organizations requires in-depth analysis of the reality before the delimitation, the cost during the delimitation, and the effects after the delimitation from four theoretical perspectives, including centralization and decentralization, inner rules and outer rules, national laws and customary laws, and relational property rights. The membership rights of rural collective economic organizations need to be delimitated by both the Government and collective economic organizations together. The Government oversees formulating the general standards to solve the problems of disputes, universality, and strong externality, while collective economic organizations are responsible for formulating specific standards to solve those problems with more difficulties and high costs. This system design was proved to be feasible and effective by the successful practice adopted by the Nanhai District, Guangdong Province.