Membership confirmation in rural collective economic organizations (RCEOs) is crucial for developing new rural collective economies and realizing collective ownership, directly affecting farmers' property rights and rural social stability. Focusing on the legal interpretation of membership confirmation lawsuits, this paper employs normative and case analysis methods to address procedural aspects, clarify judicial divergences, and discuss rules for membership confirmation lawsuits, aiming to provide theoretical support for proper law application. Textual interpretation of Article 56(1) of the Rural Collective Economic Organizations Law reveals no additional conditions for filing lawsuits, implying that mere membership confirmation disputes can be filed without specific civil rights infringement. Membership confirmation lawsuits are declaratory actions, while member rights protection lawsuits are formative actions. Parties can file standalone declaratory actions or combine them with collective resolution revocation or payment requests. For membership disputes, Article 56(1)'s “directly file with the people's court” indicates a civil rather than administrative litigation path, bypassing prior government processing. The Civil Case Cause Regulation should add “RCEO Membership Confirmation Disputes” as a tertiary cause under “Ownership Disputes”, preceding “RCEO Member Rights Infringement Disputes”. Article 56(1) of the Rural Collective Economic Organizations Law provides three paths: mediation, arbitration, and litigation, with membership disputes following non-agreement arbitration, optional arbitration, and post-arbitration litigation systems, where mediation and arbitration are not prerequisites for litigation.
WU Zhaojun.
Research on Litigation for Confirmation of Membership of Rural Collective Economic Organizations from a Program Perspective. Jinan Journal. 2025, 47(3): 88-101 https://doi.org/10.11778/j.jnxb.20242046