I am a villager in Haotou Yuanshan Village, Zhongshan Torch Development Zone, Guangdong, and for nine years, I have been running around for the rights of my only daughter in the village. My daughter was born in Yuanshan Village, has a household registration in the village, has always lived in the village, and has been insured in the village, but for many years, the village has never confirmed that my daughter is a member of the village economic society, and she does not get the shares and dividends of the village. Repeated complaints, abuse of power by village cadres, inaction by officials and officials in the department, and deprivation of the legitimate rights and interests of my only daughter, how can we safeguard our rights and interests and seek justice?
In 1990, I moved my household registration with my father (a teacher by profession) to the Zhangjiabian Neighborhood Committee, and then moved my household registration back to Yuanshan Village due to the "policy" of professional family members. My daughter was born in Yuanshan Village in 1991 and was born with me in 1992. As follows:
My mother and I are members of the Yuanshan Village Economic Society, and my daughter is on the same household register as us, and she has been living in Yuanshan Village since birth, so it stands to reason that my daughter should also be a member of the Yuanshan Economic Society. Yuanshan Economic Society has also been purchasing rural medical insurance for my daughter, and assigning my daughter the benefits that a shareholder of Yuanshan Economic Society should enjoy. Proof of enrollment is as follows:
In addition, people in a similar situation as my daughter, and the family members of teachers who belong to the same batch as my father have moved back to the economic society to which they belong due to the transfer of their professional family members, and they are all entitled to equity distribution and dividend distribution treatment in the economic society where they are located, but my daughter does not enjoy this right.
In order to protect my daughter's legitimate rights and interests, in December 2014, I applied to the Management Committee of Zhongshan Torch High-tech Industrial Development Zone (hereinafter referred to as the "Torch Management Committee"), a superior unit, to confirm my daughter's equity share in Yuanshan Economic Society.
According to the provisions of the second paragraph of Article 3 of the "Several Opinions on the Implementation of the Reform of the Rural Joint-stock Cooperative System in Zhongshan Torch Development Zone" (Zhongkai Guan Ban 2003 No. 53), "Definition of Shareholder Qualification": "First, shareholders who enjoy full equity allocation, in this case, each shareholder can obtain the full amount of shares (10 shares) of equity allocation, including: (4) The original household registration belongs to the agricultural household registration of the village, and after January 1, 1985, the residents who have been converted to a unified household registration due to "land acquisition" belong to the agricultural household registration of the village Residents whose "policy" has been changed to a unified account (the allotment object must meet the following three basic conditions: First, after January 1, 1985, the land responsibility field of the village shall be contracted;The second is that the household registration is within the jurisdiction of the development zone;the third is to live within the jurisdiction of the development zone).
My daughter's family belongs to the "policy" to be converted to a unified household registration (family household), and my daughter is an only child born to a member of a collective economic organization, and her household registration is in the place where the collective economic organization is located, so my daughter should also belong to the Yuanshan Village Economic Society.
In December 2015, the Torch Management Committee made an administrative penalty decision: it was determined that my daughter belonged to the members of Yuanshan Economic Society, and enjoyed the equity share and dividend rights of ten shares of Yuanshan Economic Society. As follows:
The facts are clear, the evidence is conclusive!However, in July 2016, Yuanshan Village's application for reconsideration was based on the "Articles of Association" of Yuanshan Village Co., Ltd., and the judgment that my daughter enjoyed 10 shares of Yuanshan Economic Co., Ltd. was withdrawn on the grounds that the content of the document (Zhongkai Guan Ban [2003] No. 53) was a guiding opinion and not mandatory.
The scope of the recognition of membership in the rural collective economy in the Articles of Association formulated by Yuanshan Economic Society in December 2001 and the Articles of Association of Yuanshan Village Economic Society, which was revised in 2011, is obviously narrower than that of the Circular of Several Opinions, and the Yuanshan Economic Society deprives my daughter of her membership in the rural collective economy in accordance with the provisions of the Articles of Association, which obviously violates the relevant provisions on the membership of the collective economy specified in the Notice of Several Opinions of the Torch Management Committee.
As the superior unit of Yuanshan Village, the Torch Management Committee issued the Zhongkai Guan Ban [2003] No. 53 [Notice of Several Opinions] requiring all administrative villages (community neighborhood committees), offices and relevant units to conscientiously implement the documentWhere there is a conflict between the "Articles of Association" of the Yuanshan Society and the "Notice of Several Opinions" of the Torch Management Committee, it is rare that the "Notice of Several Opinions" of the Torch Management Committee should not prevail?
Even if I take a step back, my daughter also meets the second category of Chapter 3, Paragraph 2, Paragraph 2 of the Articles of Association of Yuanshan Village, where the equity allocated to the agricultural population (non-levy transfer) from 1989 to 1999 is allocated according to 8 shares, and the population under the age of 16 is allocated equity according to 9 shares, and the full amount is distributed at 90%.
In addition, my daughter enjoys the shareholder qualification of Haotou Cooperative Economic Cooperative Economic Cooperative in Torch Development Zone, the superior unit of Yuanshan Economic Cooperative (equity certificate number: 114009004), Yuanshan Economic Cooperative is part of Haotou Economic Cooperative, and my daughter has been living in Yuanshan Village, so my daughter should be a shareholder of Yuanshan Economic Cooperative.
In 2016, I filed a lawsuit with the First People's Court of Zhongshan City, but the First People's Court of Zhongshan City found that my daughter did not meet the requirements of Article 11 of the Articles of Association of Yuanshan Economic Society on the definition of shareholder qualifications, and rejected the lawsuit in January 2017.
Since her birth, my daughter has been living in Yuanshan Village, including the place of household registration and real estate in Yuanshan Village, and has never left the village to live.
On the road of nine-year litigation, the Yuanshan Village Economic Society and the officials of the Torch Management Committee protected each other, the ** department did not act, and the village cadres did not exercise their duties and did not take responsibility. This year, I submitted an application in accordance with the conditions met in the "Articles of Association" of Yuanshan Village, but they said that the duplicate application would not be accepted.
I, an ordinary villager, have walked a long road of defending my rights for nine years, and I have reported to the relevant departments again and again that it has not been resolved. Here, I would like to ask all leaders, procuratorial organs, and legal workers to see if it is fair and justIs it legally reasonable?I sincerely ask for the attention of the relevant departments, pay attention to my voice, and help my daughter fight for her legitimate rights and interests!
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