论我国农村集体成员撤销权法律制度的完善

实践中，农村集体成员的合法权益极易受到侵害，对此，应当构建合理的法律保护制度。《物权法》中规定的农民集体成员撤销权赋予了农民集体成员司法救济权，为实现其基本权利奠定了基础。但现阶段我国的集体成员撤销权在资格认定、客体范围、行使期限、法律效果方面仍然存在问题，应予以完善：成员资格的认定可采用主体、补充和兜底三重标准进行认定；为规制村民小组，应将其同样列为被告；行使期限应当区分无效和可撤销两种类型分别加以规定；应当引入《侵权责任法》的相关规定，强化对农民集体成员的司法保护力度。

Discussion about the Improvement of Cancellation Right Legal System of the Members of Collective Economic Organization

In practice , the legitimate rights and interests owned by member of collective are extremely vulnerable . therefore ,the rational legal protection system will be needed .Real Right Law has determined cancellation right to member of collective ,which provide a way for those member to get legal remedy and build a basis for the achievement of their member rights .At this stage , there are some questions in the provision of cancellation right , including member’ s qualification confirmation ,scope of subject ,a period for exercising cancellation right ,legal effect ,should be improved .1 .the member qualification can apply the main ,supplement and fallback triple standard .2 .the villager’s group should be accused as a defendant .3 .The period for exercising cancellation right should be distinguished two types :invalid and revocable .4 .To strengthen the judicial protection of the collective members of the farmers .shall be stipulated in the relevant provisions of the tort liability law ,and strengthen the judicial protection of the members of collective economic organization ,the Tort Law should be introduced .