The Research On The Agricultural Land Legal Issues Of Stock Cooperative Systems

On the basis of household contract management, the system of unified management combined with independent management requires that land ownership belongs to community and land of use provided for farmers thanks to the characteristics of separation of ownership. Thus, the arrangement of land property rights system not only maintaining the collective nature of the land, but also solve the problems of farmers with the combination of land, achieving the effective integration of operations on the public land and family. Rural land reform in China is a typical institutional change. The historical back ground at that time greatly promote the development of productivity. However, with the development of the social market economy, the system is also gradually shows its lag. In order to adapt to the development of productive forces, the majority of farmers continue to explore and practice as the same year out of the household contract responsibility system established, they "bring" modern enterprise management of urban form-stock into China in light of China's national conditions and the rural reality of the premise, to take stock cooperative creative into practice. Greatly development of productive forces followed after, particularly in 1987, the State Council established test base of stock cooperative system, the country followed suit.Although the gap between the facts around which led to a stock cooperative system in the process of establishing arouse such kind of problems around, the achievements contribute by it far beyond its problems due to stock cooperative system itself has some potential to be advanced. As China accelerated the pace of urbanization, agricultural land to non-transfer, the collective property seriously lost a lot because of that, property rights also exposes its shortcomings, the collective economic and personal interests are subject to an unprecedented infringement as well. Based on this, some of China's economically developed coastal cities and regions take economic reform in stock cooperative system of collective, and striking results achieved.In theory, the stock cooperative system is not a joint stock cooperative system, and neither the cooperative system. It connected with them closely, but they are different. It is not a simple blend of the two, but an independent economic form, and a new form of collective economy combining with labor union and joint capital, possessing both advantages of joint-stock cooperative system. But people should not ignored its fundamental contradiction inherent conflict when stressing the advantages of both systems, because it is these conflicts that resulted in delayed stock cooperative system in the legislative process.Urbanization in rural areas lead farmers to bid farewell to the miserable situation, that liberated them from their own "one-third of an acre of land". The contradiction between the interests protection of landless farmers and free exercise of collective of the economic assets determines the necessity of stock cooperative system replace the rural collective ownership. Closed rural conflicts with open urban, the process of urbanization in rural area is bound to be a gradual transition from closed to open. Therefore, stock cooperative organizations in rural areas must be developed step by step, and gradually break the close in countryside, not overnight. Only when stock circulate freely, can always maintain its competitiveness. In order to make stock cooperative system healthy and keeping long-term development, we should establish a sound social security system. We may confident of that, with the continuous deepening of reform and opening up and the market economy matures, thousands of years of rural areas will have a great change, truly new rural areas will be made.