Journal of Chaohu University ›› 2022, Vol. 24 ›› Issue (5): 49-55+76.doi: 10.12152/j.issn.1672-2868.2022.05.006

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The Empirical Research on Judicial Referee for Income Distribution Disputes in Rural Collective Economic Organizations: Based on 155 Judgment Documents

SUN Yan-ping,ZHAO Xin-long:School of Law, Anhui University of Finance and Economics   

  1. School of Law, Anhui University of Finance and Economics, Bengbu Anhui 233000
  • Received:2022-03-08 Online:2022-09-25 Published:2022-12-16

Abstract: Under the background of the continuous promotion of the reform of the rural collective property right system and the rapid growth of the total assets of the collective economy, there are nearly 600 thousand village level collective economic organizations in China. The contradictions in income distribution within the organizations are prominent, and the number of disputes is increasing year by year. However, the judiciary has failed to give full play to its role in dealing with such disputes. In practice, it is faced with difficulties such as differences in the litigability of disputes, non-uniform standards for determining the eligibility to participate in distribution, fuzzy rules for determining the effectiveness of distribution schemes, and non-standard dispute handling methods. In order to solve the above difficulties, we should make it clear that such disputes belong to the scope of cases accepted by the court, give the court certain judicial review power, clarify the criteria for determining the membership and the effectiveness of the income distribution scheme, and standardize the handling methods of court disputes, so as to smooth the channels of judicial relief and effectively resolve the income distribution disputes of rural collective economic organizations.

Key words: rural collective economic organization, income distribution, judicial review

CLC Number: 

  • D922.32