Agricultural Land Shareholding Cooperative System Operating Legal Research

China is a large agricultural country, the agricultural population accounts for 80 percent of the total population. Land is not only the basis of agricultural development, but also protect the lives of farmers, improve the land system in China relate the "three rural issues" resolved. Since 1949, China's land system has experienced several major changes, the first step is from the peasant private into the collective public, and the second step is from the unified operation into farmers decentralized management, the establishment of a collective all, the basis of the household contract management land system. However, the household contract management system after so many years of development, in the exercise of its functions incentive to farmers, it has also exposed a number of problems, traditional business model no longer meet the requirements of establishing a modern agriculture. With China's economic development, as -China's accession to the WTO, the need to improve agricultural competitiveness, quality and quantity of agricultural output more needs to improve, this requires the re-establishment of a new operating system for agricultural land. This is China's third reform of the system of land: the establishment of a new land management and realize the scale of land management. This study is the focus on improving the efficiency of land use goals, a joint-stock cooperative system on the new business model of agricultural land.Land contract has the right to operate as a property right, as property rights of farmers to be fixed by law, but the right to operate the land contract is unique, and it also related to the identity of the farmers, with the nature of the members. Produced as joint-stock system and the combination mode, joint-stock cooperative system absorbed advantages of these two forms of economic organization, the same time developed its own unique form of economic organization. Joint-stock cooperative system has its own unique advantages in the composition of shareholders, shareholder rights, internal management, and distribution methods, its democratic and community character are better suited to the situation of China's rural areas. The right to contractual operation of land investment and the establishment of joint-stock cooperative system of economic organization that not only can play land for the peasants living protection, and enhance the income of farmers, but also can make large-scale land use, establish special and industrial of agricultural production and management model, develop modern agriculture. At the same time, the shares of agricultural joint-stock cooperative formed a clear business model of land ownership, so that the principal can enjoy all the benefits of land development. Therefore, the agricultural joint-stock cooperative system to share the existing business model is a very good land management innovative ways.The operating system of Farmland joint-stock cooperative is joint-stock cooperative enterprises, in accordance with the way business is divided into agricultural cooperatives and agricultural companies, the former pay more attention to the service, the latter pay more attention to profit. However, no matter what form it's, has its own independent internal management structure. The subject of Farmland joint-stock cooperative system is agricultural land, agricultural land and the particularity of the farmers involved to special interests groups, to make agricultural cooperative shares in the operating system business model have unique character, such as a stake in the land has priority , the limited in land disposal, as well as the economic cooperation organizations in the Community Chest and provident fund on the extraction and use has its own special characteristics.Farm implement the joint-stock cooperative system business model, from the inevitable need for the state to support the system, especially in the legal system for their protection, to clear all the rights and obligations of the principal and the relationship between the mutual benefit of this model better run. In this paper, the status quo of the existing legal system and the legal system should be of the agricultural land on a joint-stock cooperative system, want to operate modes of legal protection.This article is from a legal point of view, on the agricultural cooperative system shares to a series of business models based on the existence of a reasonable and legitimacy, which concluded that the joint-stock cooperative system model is suitable to operate a farm innovative models, it can adapt to the development of the rural land, and to the goal of building a modern agriculture, to improve the living standards of farmers. Therefore, this model should be the promotion of China's vast rural areas, while countries should also give it greater institutional support. Of course, such a model should not be a mandatory model, should be based around the actual state of their own, choose the most suitable local agricultural development model.