The Analysis On Agricultural Land Shares In Qilin Village In Chongqin

In recent years, many provinces in the country were trying to be land shareholders as the land trade patterns, but all of them were at the pilot stage of development.and were not clearly defined in the legality. In July 2007, Chongqing introduced 50 views being called by outsiders, that was to say, the implementation Opinion to implement the spirit of Chongqing third party congress about urban and rural development services, the implementation Opinion(it is to be referred as the opinions). The implementation opinions lead ti strong interest from all parties only because it was the first agricultural land shares to explore the formation of a pilot agricultural companies.The meaning of allowing farmers agricultural land to establish a stock company is very profound after Anhui Province Xiaogang Village land revolution in China. Some academics have also pointed out that the scale development of rural land need to beware some companies take the opportunity to access to rural land right, so that the farmers losses lands, which has shaken the foundation of the household responsibility system. There also are scholars who worried the efficiency of the agricultural company's operations and continued development.This paper carried out analysis of the nature of the case that the shares of agricultural land is essentially discount financing shares of rural land contracting and management right, the advantages and the possible adverse consequences of agricultural land shares. There were analysis of the property involved the nature of the case, definition of property rights, agricultural land share procedure, shareholder rights remedies and other legal issues. It has explored the reality of this phenomenon of current emergence of agricultural land to form agricultural company shares.lt is largely attributable to the practice of land property rights, including lack of clarity in defining the main body, the imperfection of land transfer provisions; lack of autonomy in the land transfer process and the the interests damage resulted,and so on.Compared of Chongqing shareholder of agricultural land to form agricultural companies advantages and adverse consequences, based on the current realities of agricultural land transfer,.this article believed that the shares of agricultural land must adhere to the household contract responsibility system, and the feasibility of Chongqing shares of agricultural land development path to set up agricultural companies. The key is to clearly define the collective land ownership, shareholder income right, labor rights and benefits,the Company's independent legal right to operate the specific competencies and their relationship.It should fully respect the farmers voluntary right, Introduction of relevant laws and regulations corresponding agricultural land shares program, set of reforms to protect the legitimate rights and interests of the farmers a stake, must be completed.