Around the legislative path of identification of rural collective economic organization's members, there have been two different theories in the theoretical circle:set by law theory and autonomy theory. To answer this question, it is necessary to first clarify the nature of members' identification behavior, and on this basis, to clarify whether the interests of an individual determined as a member of a collective economic organization can be deprived or ignored. If such interests cannot be deprived or ignored, they must be clearly stipulated by law. Only in this way can the interests of relevant subjects be effectively protected and will not be deprived because of autonomy or "tyranny of the majority". On the contrary, it can be handed over to relevant collective economic organizations in accordance with the principle of autonomy. The confirmation of membership and the determination of membership are two different concepts. The former is the verification and recognition of the original identity of members, which can only be based on the factual state, otherwise, it may infringe on the vested rights and interests of members. The latter is a decision on the actual composition of the organization's members, which includes both the confirmation of the original members and the acceptance of new members. Due to the different nature of the act and the interests involved, the two types of acts should be treated differently. The former can be legally implemented only when there is a clear legal basis, and the latter behavior is mainly carried out by both parties through negotiation according to their own expectations. In order to better protect the rights of members and promote the development of rural collective economy, the legislation about determination of the members of rural collective economic organizations should make different institutional arrangements for the confirmation of membership and the absorption of new members. For the confirmation of membership, the relevant legislation should adopt the legal path. For the absorption of new members, the autonomous path should be adopted. On the arrangement of legal system, the confirmation of membership of collective economic organization can only be based on history and reality. In this regard, we should establish a membership recognition system based on the principle of registered residence, and clearly define the scope of membership according to the registered residence. On this basis, the scope of the personnel who should be given the membership should be defined according to the law or policy, and the personnel who should lose their membership should be excluded, so as to determine the scope of the original members of the collective economic organization. The absorption or acceptance of new members of a collective economic organization shall be conducted by the collective economic organization and the personnel applying to join the organization on the basis of voluntary consultation in accordance with the principle of autonomy. A collective economic organization shall, through its articles of association, stipulate the conditions and procedures for accepting external members, and limit the scope of rights of external members. For example, the right to land contractual management and the right of children to obtain membership shall not be enjoyed by external members. Only in this way, we can better embody the nature of rural collective economy and safeguard the legitimate rights and interests of the inherent members of collective economic organizations.