农村集体成员权制度运行状况的实证分析——基于全国12省36县的实地调查

通过对全国12省36县进行田野调查,对农村集体成员权制度在农村社会运行状况进行统计分析,以弄清其实际运行状况,并结合我国相关法律制度与访谈材料做深入研究.结果显示:户籍确认标准已与社会现实之间存在着一定程度的张力；成员资格确认标准的严格程度与集体经济发达水平之间呈正相关；农户对成员权应然层面的主观认知与集体经济发达水平之间具有交互性影响；成员权的实际享有程度较高,但集体利益诉讼权的享有还有待强化；农户对法律明确规定成员资格丧失情形的认可度很高,且乡土社会内在逻辑深深影响着农户对成员资格丧失之应然情形的主观认知.

The Status-quo of Rural Collective Membership Right System:Based on the Field Research in 36 Counties of 12 Provinces in China

On the basis of a field survey in 36 counties of 12 provinces in China,a statistical analysis was conducted on the status-quo of rural collective membership right system to have a clear picture of the actual situation and support our further exploration on the issue with the help of the related laws and regulations.The results of analysis were as follows:Tension exists between the standard of confirmation of household registry and the social reality.A positive relationship appears between the strictness of membership confirmation standard and the level of collective economic development.The subjective cognition of farming households on membership at the possibility level and the level of collective economic development exert mutual influences with each other.The actual enjoyment of membership right is high,but the enjoyment of legal action right of collective interest needs to be further enhanced.The cognition on the cases leading to the loss of membership as stipulated in the law is high,and such a subjective cognition is deeply influenced by the rural social inherent logic.