"Get married female " how is rights and interests of member of collective economy organization ensured?

Will see collective economy of woman of country of an enroach on of our city organize desk of issue of member rights and interests!

Accelerate as what the city develops a process, the country accelerates town to change development, land of collective of a lot of villages by national take over for use. But compasses of very much now village civilian outside setting about, marry female uniform do not enjoy collective interest to allocate. So, does compasses civilian have these villages after all about outside damaging, marry female legitimate rights and interests?

Common saying says to marry the daughter that go out to sprinkle the water that go out, collective of a lot of villages is acquiescent " outside marry female " must not distribute fund of the compensation that ask for the ground, those who require an attention is, marry outside female whether enjoying collective interest to allocate is not a village compasses civilian said to calculate about.

Next, we look to help a when the center carries on particular case by law of yellow state division together.

↓ ↓ ↓

Law of division of yellow state of yellow ridge city helps a center

To Luo Mou collective economy organizes rights and interests

Offer legal aid proposal

The settle after Luo Mou is born fizzles out at yellow ridge city village of city Ou Mou, divided from inside domestic number of households and total population again on July 12, 2000 door, independent settle attended the land of this village to contract at this village, inhabit this village alive to this life. However, she however because get married female identity by the village appoint can eliminate to compensate cost to extend in land commandeer besides list, because this causes enroach on collective economy one case,also organize issue of member rights and interests.

2013 the end of the year, because urban economy builds development need, the partial collective land of village of Ou Mou of yellow state of yellow ridge city is collected by the government, this village village appoint can hold villager congress at was being organized on March 19, 2014, after the conference compensated a problem to undertake discussion to land, pass consistently " commandeer of some village land amends way of provisional try out " , decision allocation object in order to have number of households and total population (contain agricultural registered permanent residence and blame agriculture number of households and total population) to allow, at the same time the regulation gets married female no matter registered permanent residence is in,do not allocate land to compensate a paragraph in village entirely. On Feburary 2, 2015, this village village appoint can extend according to program of compensation of this land commandeer land commandeer compensates a paragraph, each every mus 19800 yuan, but did not allocate Luo Mou. Luo Mou and this village produce issue accordingly, luo Mou provides shape to appeal to then to the court, the request sentences your Luo Mou to have land to compensation expenses allocates a qualification and pay Luo Mou to deserved by some village land compensation expends 19800 yuan.

First instance thinks, had had this collective economy to organize the person of membership when the compensation that ask for the ground finds a place for plan decides, request having right pays due corresponding share, and the census register that Luo Mou has this village seat and membership of collective economy organization, be not hang lean door, should enjoy this village villager to wait to encounter together, adjudicate 19800 yuan to this village pays Luo Mou land compensation fee then.

This village refuses to obey first instance court decision mentions appeal, because economic difficulty applies for law to help,Luo Mou should accuse the process is medium, dai Wangsheng of worker of law of assign of center of area law aid helps agent for this law. The reason that Dai Wangsheng intervenes the understanding after the case appeals to some village has at 3 o'clock: It is " commandeer of some village land amends way of provisional try out " it is the villager conference discussion passes, in program of land commandeer compensation about getting married female the regulation that no matter change of registered permanent residence goes to all must not allocate land,compensation expends is autonomy of villager conference exercise the expression of benefit, luo Mou is get married female, without giving thought to registered permanent residence whether change goes, all do not belong to " commandeer of some village land amends way of provisional try out " determines land compensation cost extends in list; 2 it is Luo Mou set area city to be not agricultural registered permanent residence at already turning registered permanent residence by oneself 2007, basic life ensures townsman to contract with rural land family have same basic life to ensure a function, luo Mou acquired blame agriculture registered permanent residence, should lose the rural collective economy that has formerly to organize membership namely; 3 it is the Ceng Yuluo before this village happens at this case some father signs agreement of a mediation, the compensation expenses of consultative Luo Mou's parents extends by 3 people portion, included Luo Mou's share among them, luo Mou sues view land to compensate right of the reassert that expend a department again.

In careful of 2 careful front courtyard, procuratorial Daiwangsheng is right afore-mentioned denounce that reason had specific aim at 3 o'clock:

One, in home of Luo Mou department alone female, after be born, live in this village up to now, among although have brief marriage history, but no matter before marriage, marriage hind or divorce up to now, luo Mou all lives in this village the life, and rise from July 12, 2007 be to have this village registered permanent residence of independent census register to be in all the time book often live population, seat of Luo Mou census register, often reside a dwelling place to all organize seat for this collective economy, reason Luo Mou belongs to the member that collective economy group weaves this village is unassailable fact, the land that Luo Mou enjoys compensates cost allocation authority to suffer law to protect, and village witenagemot discusses right of so-called exercise autonomy to pass " commandeer of some village land amends way of provisional try out " stripped land cost of Luo Mou distributes right, violated law mandatory regulation;

2, issue of character of a registered permanent residence is between blame agriculture registered permanent residence and agricultural registered permanent residence, the member that collective economy group is woven should include personnel of agricultural registered permanent residence and personnel of blame agriculture registered permanent residence, besides the member that laws and regulations of our country law will not be not personnel of agricultural registered permanent residence to eliminate to be organized in collective economy, and discussion land of congress of this village villager compensates cost allocation plan to stipulate land compensates cost allocation object to be a foundation with registered permanent residence clearly, contain agricultural registered permanent residence and blame agriculture number of households and total population, outside be blame agriculture registered permanent residence with Luo Mou again now and distributing its eduction object list,

3, this village village appoint bilateral and own meaning conveys the principal part of agreement of intercessory agreement department that meeting and Luo Mou's father sign, luo Mou did not participate in an agreement already negotiate Yi Wei to sign in the agreement, reason this agreement is incorrect Luo Mou deals with civil rights produces effectiveness.

How can be the court sentenced?

↓ enters a judgement after classics of 2 careful court is tried

First instance cognizance fact is clear, adjudicate and do not have undeserved,

Reject appeal lawfully, give maintain original judgement:

This village pays Luo Mou

Land compensation expends 19800 yuan!

The case is commented on

The focus of this case controversy depends on: Whether does Luo Mou enjoy land to compensate cost allocation to counterpoise?

Villager committee suffers on one hand " heavy male light female " wait for traditional idea influence, understood a country erroneously collective economy organizes the member's meaning and one-sided " one knife is cut " will " get married female " eliminate to be in enjoy outside distributing authority member list, on the other hand enlarge understood the autonomic degree of right of autonomy of villager conference exercise greatly, made privative woman join the decision of right beneficial.

General law classroom

Although " committee of villager of People's Republic of China organizes a law " regulation: Villager conference can be made and revise villager autonomy constitution, village compasses civilian is made an appointment with. But law also sets villager autonomy constitution, village compasses civilian is made an appointment with and villager conference or the decision that the villager represents the conference must not be mixed with constitution, law, code policy photograph of the country is inimical, the person right that does not violate the villager so that have, democratic right produces the content of the right with lawful money.

Compasses of constitution of autonomy of this village villager, village civilian disobey about " rights and interests of woman of People's Republic of China guarantees a standard " , " land of country of People's Republic of China contracts law " , " top people court involves rural land to contract about trying dispute case is applicable law, enjoy as equal as the man right set and attribute invalid plan.

Our country executes rural land to contract management system, the member that group of rural collective economy is woven has authority to contract to organize the rural land that sends a package by this collective economy lawfully. If collective land is collected,be of course state-owned, so no matter men and women, if this country collective economy organizes a member,can participate in only distribute fund of the compensation that ask for the ground. So, marry outside female if this collective economy organizes a member,only authority participates in this collective economy to organize allocation of rights and interests.

Top people court " involve rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the 24th regulation: "Rural collective economy is organized or group of villager committee, villager, can the democracy that according to law sets is agreed program, the land that decides to organize interior allocation to had been received in this collective economy compensates cost. The compensation that ask for the ground finds a place for this collective economy has been had to organize the person of membership when plan is definite, the request pays corresponding share, should grant to support. Should grant to support..

Of qualification of the member that collective economy group is woven obtain cent to be primitive obtain and join obtain. So qualification of the member that whether to have collective economy group to weave to maintain to need what to factor consider?

1, whether is census register organized in collective economy. Census register is the proof that our country affirms ground of citizen dwelling place, also be the important basis that our country affirms to rural collective economy organizes a member at present, our country citizen but because be born, the collective economy that the legal fact such as marriage gains census register seat organizes membership.

2, actual production, life is organized whether for a long time in collective economy, live namely the life and production are organized in this collective economy. In collective economy organization actual production, life can behave for: Contract medical service of right of administration, election, country is protected, family planning.

3, the manufacturing life that whether organizes with collective economy is source of main economy income and basic life safeguard.

4, the right obligation that whether organizes fact of form accomplish sth to go up with this collective economy concerns.

Epilogue

No matter you are outside marry the female, man that enrol husband or the children of the settle that follow a mother, wanting you only is the member that collective economy group weaves this village, you allocate collective economy to organize corresponding rights and interests with respect to requirement having right.

Law does not protect the person that lies on the right to sleep, reject to allocate the rights and interests that belongs to you when village collective, you ought to decisive adopt legal measure to undertake thought fors the time being.