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国务院2004年颁布了《关于深化改革严格土地管理的决定》,其中的关于“农民集体所有建设用地使用权可以依法流转”的规定,强调了“在符合规划的前提下,可以依法流转村庄、集镇、建制镇中的农民集体所有建设用地使用权。随之而来的农村超生子女享受集体经济组织收益及村民待遇权益受侵害问题日益凸显这些问题的根源在于我国现阶段法律上没有对”集体经济组织成员资格“的取得进行法律上界定。导致了此类案件在受理和审理上存在着诸多混乱现象。这些呼声在上个世纪90年代曾经此起彼伏,众多媒体也曾把她们的遭遇披露于报端,可终以力量微弱,收效却甚微。因为农村集体经济收益分配基村民待遇权益主要依据是否拥有集体经济成员资格,所以超生子女是否具有这一资格,是他们取得相关权益重要依据。本文试图从理论探讨此问题,提出相应的对策,希望能为我国超生子女拥有集体经济成员资格提供一些健理论指导和规范建议,从而进一步推进社会的和谐发展。
In 2004, the State Council promulgated the ”Decision on Deepening the Reform and Rigidly Enforcing Land Administration“, which stipulates that ”the right to use land collectively owned by peasant collectives may be transferred according to law“, emphasizing that ”under the premise of conformity with the plan, it can be circulated according to law Villages, towns and townships, townships and towns in the towns and villages of the towns and villages in the towns and villages of the towns and villages of the towns and villages in the towns and villages of the towns and villages. The ensuing problems of the rights of the collective economic organizations enjoyed by rural over-born children and the rights and interests of the villagers being encroached on have become increasingly prominent. The root causes of these problems lie in the fact that at this stage in our country, The legal definition of the acquisition of “members of the collective economic organizations” led to many confusion in the acceptance and trial of such cases.These voices in the 1990s have been one after another, many media also put their Encounter with the newspaper at the end of the interview may eventually lead to weakness and little success because the rights and interests of villagers in rural collective economic distribution mainly depend on whether they have the qualifications of collective economic members or not and whether or not their children have such qualifications is important for them to obtain relevant rights and interests Based on this article attempts to explore this issue from the theory, put forward the corresponding countermeasures , Hoping to provide some guidance and normative suggestions for the theory of health theory for the eligibility of collective economy members of our country’s super children to further promote the harmonious development of society.