Joint-equity Economic Cooperative Union of Zhangxi Village and the Eighth Joint-equity Economic Cooperative of Zhangxi Village v. The People’s Government of Zhongshan City and Yang X (Third Party) (Dismissal of an Administrative Reconsideration Application): Divorce is Not a Legal Premise for Loss of Membership in a Rural Collective Economic Organization

Abstract

Divorce is not a legal requirement for loss of membership in a rural collective economic organization, therefore a woman, who has not had her permanent residence registered elsewhere after divorce and continues to reside at the place where her former husband’s family is located, does not rightfully lose her membership in the collective economic organization of the village where she lives, and shall be entitled to the same rights as other villagers of the said village as long as she continues to fulfill her obligations as a villager. No villagers’ committee or collective economic organization may, in violation of such basic principles set forth in relevant laws and regulations as the equality between men and women and equal rights for villagers, infringe upon the lawful rights and interests of divorced women when formulating rules and regulations for the village, villagers pledges, bylaws, and property distribution schemes. Otherwise, the competent township government may rectify such infringement in accordance with relevant laws.