The Research On The Legal Issues Of Land Contract Operation Rights Buy Into Farmers' Professional Cooperative

The legal issues research on farmers'professional cooperative in China is a new subject. This paper is taken out to try to do some related research on the subject. Several problems are found in the studying of Farmer Specialized Cooperative society Law.1. Are there any law barriers in the land contract operation rights buy into farmers'professional cooperative? Before this question, there are more need to be considered.2. Can land contract operation rights, holding the function of social security, be sold by bankruptcy administrator during the liquidation process of farmers' professional cooperative? How will the balanced benefits of farmers'and creditors' be realized?3. How to restrict the mambers'recapture of contractual right of the rural land in legal way after their buying into the farmers'professional cooperative?4. The original intention is to increase the farmers'income and ratio of resources utilization. What kind of corresponding measures should the government provide to support?This article revolves around those qustions above, analyzes the legal nature of the land contract operation rights in the first part, secondly introduces the nature, evolution, types and principles of the farmers'professional cooperative, in the third part, discourses upon the necessity of the land contract operation rights buy into farmers'professional cooperative based on the theoretical principles of economics and sociology.The conclusions are:1. The proess of the land contract operation rights buy into farmers'professional cooperative is in accordance with the spirit of law and the policy of government.2. The beneficiary right should be disposed, through the division of original and derivational rights to contracted management, to pay for debts by the bankruptcy administrator to realize the balanced benefits of farmers' and creditors'. Meanwhile, this article concerns about the probability of natural disaster, moral hazard, how to estimate the value of benefits brought by the contractual right of land paying for debts and the problems of land fragmentation, with suggestions provided.The last major part of this article discusses the government supportive policy and responsibilities of guidance. Furthurmore, analyzes the social security system, the agricultural insurance system, banking, taxation, rural education and training with the author's suggestions.