With the establishment and gradual improvement of socialist market economy system, the rural land contract has changed a lot. Based on the currently stable land contractual relations, we need to give farmers more sufficient and more secure right of land contract management, improve the circulating mechanism of land contracting right to further promote rural reform and development. As one way to circulate the right of land contract management, the advantage and importance of becoming a share holder gradually highlight itself; however, it still faces a lot of problems in practical operation which should be solved by the improvement of legal system. This is the main purpose of this article. This paper is divided into six parts:Part one: Introduction. This chapter gives a brief description the background, roles and current status of becoming a shareholder in rural land contracting right.Part two: The concept, nature and significant of becoming a shareholder in rural land contracting right. It starts from the concept of becoming a shareholder, then discusses its nature is to transfer the rights, which is for the purpose of achieving the remainder in the circulation of land. The significant of becoming a shareholder in rural land contracting right embodies in the following aspects: adapting the requirements of market economy, optimizing of agricultural resources; improving the efficiency of land utilization, increasing farmers'income; speeding up the process of urbanization, promoting the comprehensive development of rural economy and society.Part three: The review the current legal system about becoming a shareholder in rural land contracting right. First, this part introduces history of becoming a share holder in rural land contracting right, and then it inspects the relevant legal system. According to the investigation, a lot of problems exist in the current legal system, such as the legal barriers in the demutualization of the contract management right, the difficulties in assessing inspect the relevant legal system, the conflicts between the"company law"and the company set up by share holders.Part four: The operational modes and existing problems of becoming a shareholder in rural land contracting right. This chapter introduces and analyzes the following three modes: stock cooperative mode, professional cooperatives mode and Co., Ltd. Mode. Then it compares the advantages and disadvantages of these three modes. As a result, the Co., Ltd. Mode can represent the circulating direction of land contract management right better.Part five: The construction of legal system about becoming a shareholder in rural land contracting right. This section includes two parts: one is the basic principles of constructing the legal system, such as the principle of voluntariness, the principle of optimizing the resources allocation, the principle of accommodate the interests. The other is the detail design of the system about land contract management right, which focuses on the Co., Ltd. Mode. It takes the process of investigation cycle as the main thing, and the discusses the following aspects: subject of investment, the modes of setting up companies, the scope of investment, the proportion of shares, the protection of farmer-share-holders, and the share transfer.Part six: Conclusion. It suggests to solve the specific issues by gradually improving the legal system of becoming a shareholder in rural land contracting right in the practical operation. |