부산대학교 도서관

'Waijianv' refers to the group of women who retain their agricultural household registration in the villages where they live with their parents or regain the agricultural household registration in the village after changing the registration before, on account of marrying men from other villages. Whether Waijianv are members of rural collective economic organizations is the most important factor to the issue that whether they can participate in the distribution of major interests within collective economic organizations. Based on a statistical analysis of 244 litigation cases involved with rights and interests of Waijianv, it finds that there are some problems when collective economic organizations identify the collective membership of Waijianv, such as improper procedures, unreasonable standards, various modes of administrative organs' intervention in the identification, and the lack of legal basis. When people's courts decide whether Waijianv are collective members, the evaluation criteria and the verdict are not uniform. The reasons for courts don't decide to recognize Waijianv's membership include the absence of relevant laws and regulations, cases should be handled by administrative organs or should belong to the villagers' autonomy, and so on. The identification standards in different cases are different. In view of the fact that the rural collective membership is related to the basic survival guarantee and other major interests of agricultural household registration residents, it is suggested that a rural collective membership registration system should be established, standards for judicial decision of the rural collective membership should be unified, responsibility for guidance in the identification of the rural collective membership should be shouldered by administrative organs, and provisions on the reservation of Waijianv's membership of rural collective economic organizations should be stipulated in drafting the Rural Collective Economic Organization Law.