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

Land is the most basic means of production in rural areas which farmers rely on since ancient times. It plays an important role in promoting economical development and safeguarding social stability. The household contract responsibility system originated in rural Anhui from the late 1970 was an innovation to Chinese land system. The system greatly promoted the peasants'enthusiasm and rural development in rural areas. But with the development of the economical system reforms, and with the foundation and perfection of the socialist market economical system, the household contract responsibility system appears more and more obvious defects, even becomes a main obstacle to the development of agricultural modernization. Under this circumstance, research on the land contract and management rights shares is very important for the promotion of agricultural modernization.But now, the research is not deep enough in this area, for example, the scope of transfer of the land contract and management rights shares is not wide, and some local governments force farmers to become shareholders for political achievements. Because lacking of evaluation and pricing criterions on land value which impact on market price of land in the process of the land contract and management rights shares, so it is hard to protect the right of farmers. Farmers have not the freedom to deal with shares, to transfer shares and to mark shares mortgage as a means of financing in cooperative joint-stock enterprises. In addition, the dispute settlement mechanism of the land contract and management rights shares is imperfect. To solve them, we should respect the will of farmers, insist on the principle of freedom, enhance enthusiasm of farmers, and make the land contract and management rights shares adjust to local conditions in the process of it. And we should set up evaluation and pricing organization for the land contract and management rights to protect the right of farmers'. And we should also protect the freedom to deal with shares, to transfer them and make them as a means of financing in shareholding cooperative enterprises. In addition, we should perfect the dispute resolution mechanisms which provide legal guarantee for the transfer very well.