The Research On The Legal Problem Of The Land Contract And Management Rights Shares

As one emerging land circulation way, the land contract and management right shares have the important meaning regarding our country rural development. Regarding the land contract and management right shares, the legal research and related system's construction is not mature, it's facing many questions in reality and urgently needed us to solve them through the consummation of legal regime. These article main partial structures are as follows:The first part is basic study of the land contract and management right shares. By introducing the meaning, this article discusses the scope was limited to share in Limited liability company, then analyzed the significance of the land contract and management right shares. Simultaneously analyzed the reason that the land contract and management right shares was restricted in our country, then carried on the analysis on its feasibility.The second part simple review the historical evolution of the land contract and management right shares, and introduced concrete practice simply in our country.The third part reorganization the legal rules about the land contract and management right shares under current law frame, researched the legal environment about it in our country.The fourth part discussed the existence barrier to the legal rules about the land contract and management right shares in our current law, mainly discussed some questions such as evaluation and price organization, mortgage for the legal rules about the land contract and management right shares and stockholder's rights transfer.The fifth part put forward the proposal about legal regime's construction and consummation for the legal rules about the land contract and management right shares in view of above legal difficult position and difficult problem. First is basic principle that the legal rules about the land contract and management right shares should follow. On the other hand, Made the concrete tentative plan for the system of the land contract and management right shares, including how to perfect evaluation and pricing organization,mortgage for the legal rules about the land contract and management right shares and stockholder's rights transfer. Simultaneously has also discussed the necessary system which the legal rules about the land contract and management right shares must establish.