A Study On The Legal Problems Of Land Contractual Management Right In Bankruptcy Liquidation

Land contract and management rights shares is a historic problem, agricultural development is also facing a new era of issue. With the CPC Central Committee issued a new policy concerning land reform, all regions are actively pilot, explore innovative land contract and management rights shares of various forms of organization, in order to maximize the proceeds from the land contract and management rights in the market economy. Currently, in some pilot areas, to revitalize the land contract and management rights, increase farmers’ income, has achieved good results. However, when these organizations because of the risk of bankruptcy liquidation unite, how to deal with land contract and management rights of farmers shareholder stake is an urgent problem. Because the land contract and management rights of both property value and social value in the present stage in China’s basic national conditions, which determines the existence of land contract and management rights and the protection of farmers inextricably linked to the existence of shareholders, shareholders and even some farmers the only source of income life, so the land contract and management rights can not be free to market circulation. Practices existing practice-will return the land contract and management rights farmer shareholders, reasonable, has its value, but it is not conducive to the future transfer of land contract and management rights. The research scholars mostly stay in the land contract and management rights organization in the form of shares and shares what stage of the shares after the bankruptcy liquidation process model also lacks targeted research. Therefore, the author uses the value of the analysis, comparative analysis and other research methods, try to land contract and management rights through legal stake in the practice mode to sort out, according to the particularity of clear land contract and management rights liquidation phase of the land contract and management rights in bankruptcy the basic principle of the transfer of liquidation, the processing mode. The text of the paper is divided into four parts:Part I:land contract management rights and legal stake in the property in the bankruptcy liquidation. This section briefly describes the reasonableness of the legal basis of the legitimacy derived stake in the concession contract, combined with the current practice patterns around the pilot to clear the land contract and management rights shares is key to economic and social development at this stage of the land contract and management rights shares.Part II:land contract and management rights in the bankruptcy liquidation of the legal attributes. This part defines the land contract and management rights in the shares of companies in the corporate bankruptcy liquidation, the legal relationship between land contract and management rights. Through land contract and management rights to explore specific legal property of its bankruptcy liquidation shall take into account the value.Part III:land contract and management rights particularity and conflicts of interest in the bankruptcy liquidation. This part by land contract and management rights were compared with the general insolvency estate and land contract and management rights itself the dual attributes (properties and sociality) come particularity land contract and management rights in bankruptcy liquidation and easy to produce a conflict of interest. These include conflicts of interest conflicts of interest conflicts of interest within the enterprise and external balance of conflict depends on the formation of a unified market-oriented business model, but at this stage can only be pursued on the basis of the basic conditions of the biggest fair.Part IV:land contract and management rights principles in the bankruptcy liquidation. This section describes the three basic principles of land contract and management rights in bankruptcy liquidation in circulation:the social value of the land contract and management rights of priority, land contracting right of integrity, the right to land contractual management relativity principle to operate independently. These three basic principles are derived based on the existing basic national conditions, only to strictly follow in order to take into account the best interests of all parties liquidation stakeholders.Part V:land contract and management rights in bankruptcy liquidation approach. This part of the basis for regional farmers dependent on land discriminate three types of land contract and management rights to migrate in liquidation, which rely entirely on land subsistence, survival is not totally dependent on land-based and completely rely on their land type. For the first majority stake "shares in cooperatives", this time limit the transfer of land contract and management rights, complemented by improving the social security system in rural areas, strengthen the local government "guide" role. For the second both "stock cooperatives" and "limited liability company" two forms of organization, and we can build a portion of the land contract and management rights transfer and the relevant supporting agricultural insurance system. For the third full market circulation, still need to follow the requirements of the present stage of China’s food safety strategy, protect the red line, that is, the transfer process does not change the land use, improve the mechanism of government regulatory norms and relevant organizations, to creditors re-transfer of land contract and management rights.