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【裁判要旨】不同权利位阶的权利发生冲突时,应优先保护高位阶的权利。户籍性质为农业户籍,集体资产分配时户籍登记在村的农村集体土地承包经营户成员,应按村民代表会议表决通过的分配方案与其他农业户口的村民享有同等的分配份额,不能因成员户籍登记性别的变更而给予歧视性区别对待。
[Referee motto] Different rights and positions of the rights of conflict, priority should be given to protect the high-level rights. The nature of household registration is agricultural domicile. When collective assets are distributed, rural collective land contracted household members whose household registration is registered in the village shall enjoy the same distribution share as the villagers in other agricultural accounts according to the distribution plan voted by the villager representative conference and shall not be registered due to membership registration Discrimination is discriminated against by gender.