The Joint-stocking Reform Of The Contracted Management Land Right

The contracted management land system, based on our system of collective land ownership, is unique and unprecedented both at home and abroad. This system had greatly promoted the agricultural productivity, and improved agriculture and the rural area. However, with the development of agricultural economy, the system gradually revealed its defects, and cried for reform. The joint-stock of the contracted management land right is a new land circulation system,which peasant become a shareholder by moving the land-use right into the land joint-stock enterprise, and get dividens as a shareholder. Since the early 1990s, when the famers of Nanhai,Guangdong province drawed this system into farmland operating, it quickly displays its formidable advantages. After nearly 10 years of development, although the reform of the joint-stocking reform of the contracted management land right made great achievements, some problems had arisen,and cause its slowing development, and never became popularize in a wider range. Therefore, on the foundation of the former land joint-stocking practice, It has vital significance to carry on further research and establish more scientific joint-stock of the contracted management land system, seek more reasonable joint-stocking enterprise model. This paper will take a research of the joint-stocking reform of the contracted management land right from four aspects:1. The background of the joint-stocking reform of the contracted management land right. First, the joint-stocking reform of the contracted management land right is necessary. The limitations of current Eaqule-field system are bacoming obvious. The development of agriculture urgently needed to break " Eaqule-field system", and carries on the land circulation, realize the large-scale farming.Second, the joint-stocking reform of the contracted management land right is possible. There are realistic basis, institutional basis, policy basis and legal basis. Third, There are already many kinds of land circulation at present, including the subcontract, transfer, lease, exchange, etc. They have difficult characteristics, and improve the land circulation and larger scale of farming. Finally, through comparing the joint-stocking reform with two common land circulation mode (subcontract and two kinds of field) and clarify the the joint-stocking reform is a reasonable land circulation mode. It fill the deficiency of other ways of circulation by its unique advantages.2. The theoritical supporting and reforming foudation of the joint-stocking reform of the contracted management land right. In theoritical aspect, the scholars have already taken a series of research on the foundation of the current practice of the joint-stocking reform of the contracted management land right, have maken some theoretical achievements, and estabulish the foundation of furture perfectiong of the joint-stocking reform of the contracted management land right. This paper summarize some important achievements, including:the inherit and perfection of The contracted management land system, the characteristic of the joint-stocking of the contracted management land system, The legal relationship of the joint-stocking of the contracted management land system. In the reforming foundation aspect, according to the developing foundation of agriculture economy, the joint-stocking reforming has enough conditions and basis. This paper mainly expound in four aspects, the policy basis, legal basis, theoretical basis and practical foundation.3. The practice of the joint-stocking of the contracted management land right. First, the currrent situition of the joint-stocking of the contracted management land right. After years of developing of the joint-stocking reform of the contracted management land right, general condition can be summed up in two points:one is the reform mainly focus in developed city's suburb rural, because the region has the suitable subjective and objective conditions for developing of the joint-stocking of the contracted management land right. Two, the development is slow and difficult to carry out widely, the reason is various, such as not adjust measures to local conditions, jumbled organizing form, indistinction of the construction between government and enterprise, the lack of property order, the morbidity of law, the lack of government guidance, etc. Second, the joint-stocking reform of the contracted management land right not only exist a pattern, the pattern is different, according to local conditions. Now, the main mode inculding Shanghai mode, nanhai mode, zhejiang mode, sunan mode, ect. And each has its own characteristic. Third, based on the above studying of several modes, each mode induce three key elements, and has their respective advantages and disadvantages.4.The conceptuliazation of the joint-stocking reform of the contracted management land right. First, the land joint-stocking reform operation plan, including two parts:one is the operating principle of a land joint-stock enterprise:voluntary, equality, mutual benefit, shareholding open, fair, open, fair, stable family contracted responsibility system, insisiting the principle of collective land ownership system. Two is the concrete operating way of a land joint-stock enterprise:from the shareholding disposing, the enterprise mode, and the distribution of interests. Second, according to the problems of land joint-stock system, this paper puts forward the improving suggestions:one is the problem a joint-stock enterprise should pay attention to its construction, including perfecting farmers' stocking ownership, strengthen the construction of property right, not changing agricultural land to other use, ensuring agricultural production stable, The evaluation of the contracted management land right, the conflict between time limit of joint-stocking enterprise and the deadline of land-use right. Two is the problem the external mechanism construction should be paid attention, such as the problems of changing the government's role in the process of land joint-stocking reform, the construction of risk safeguard mechanism, The coanstraction of relevant laws on the joint-stocking reform of the contracted management land right.