Research On Rural Land Joint-stock Cooperation System

Land is not only the basis of agricultural development ,but also protect the lives of farmers,improve the land system in China relate the three rural issues resolved. With the change in micro economic foundation of agriculture and macro social environment,the limitation of the household contract responsibility system appeared gradually, which preventing the farmers access to the expected benefits and restricting the further development of agriculture. The rural land joint-stock cooperation system was a form of institutional innovation of farmland circulation system at the certain historical period. It enriched the connotation of the household contract responsibility system and showed a great significance to achieve large-scale management and agricultural modernization.The first part of this article is a brief introduction to the history of China's rural land system evolution, which changed the peasant private into the collective public through land reform and people's commune movement, and then established the household contract responsibility system by combining the collective land management by farmers scattered.The second part of this article is firstly studied the forming factor of the rural land joint-stock cooperation system from the New Institutional Economics point of view of institutional change, pointed out that the basic motivation lies in the fact that under the active participation of primary societies and secondary societies the expected benefits will be greater than the expected costs. Then this part describes the four major types of practice of the rural land joint-stock cooperation system, pointing out that the land joint-stock cooperative system is an effective innovation of the household contract responsibility system.Part III focuses on the theoretical analysis of land joint-stock cooperative system. It starts from the basic principle of joint-stock cooperative system to the connotation of China's land joint-stock cooperative system, and then analyzes the nature and the characteristics of the land joint-stock cooperative system, compares characteristics of this system with shareholding system, partnership and cooperative societies in the nature of the system, and arrive at a conclusion that the land shareholding cooperative system is a new type of modern enterprise system.The fourth part of this paper points out deficiencies exist in the land joint-stock cooperative system from a practical point of view and perspective point of view. In the process of practice the land joint-stock cooperative system demonstrated defects such as unscientific methods of land property assessment, lack of standardization of setting rights of shareholder, lacking standardization of organization and management system, which restricted the land joint-stock cooperative system's further developments. Besides, this system has their inherent flaws such as the risks existed in land shares business and the unclear legal status of joint-stock cooperative organizations.Fifth section presents proposals of the rural land joint-stock cooperation system. This section, at the legislative level, proposes for the land shareholding cooperative enterprises to make a Joint-stock cooperative Enterprises Law which declares the legal status of joint-stock cooperative enterprises, standardizes the enterprise management system of joint-stock cooperative enterprises, and clears boundaries and division of responsibilities of organizations within the enterprise. Contemporaneously, this paper proposes to amend relevant provisions of the Land Management Law, the Property Law and others. It also strives to improve the matching system by strengthening the rural social security system, establishing agricultural land contractual management right price assessment mechanism, establishing risk guarantee mechanism of joint-stock cooperative enterprise and improving the transfer of rural land management system to fully develop the China's rural land joint-stock cooperation system.