Land Contract And Management Rights To Shares Of A Number Of Issues

Contributing land contractual management right as capital, is a system under which the shareholder makes his contribution with his land contractual management right. Especially, contributing land contractual management right as the capital of a limited liability company is an innovation in recent years and neither the relevant legal theory nor the practice regulation has been well founded. This paper, with the methods such as comparison, historical study, general study of different subjects, specifically choose its study object as contributing land contractual management right as the capital of a limited liability company (hereinafter as Study Object). Based on the analysis of the definition, theory basis and practical significance of the Study Object, the paper focuses on several theory problems and practical problems. As a further, the paper proposes some suggestion of proving such problems and founding a system of the Study Object and some relative systems. The paper is divided into five parts:The first part discusses the definition and principles of the Study Object and introduces its history. Then, it further declares that, except any otherwise stipulated in this paper, contributing land contractual management right as capital is limited as the Study Object hereinafter.The second part analyzes the theory basis and practical significance. At present, there is few specific regulation of the Study Object but some room for it. The problem of farmers' loses of their land contractual management right shall not become an encumbrance of the development of the Study Object. The practical significance of the Study Object includes amend the family-contract responsibility system, perfect the quality of land contractual management right as property right, found the modern enterprise system of agriculture industry and so on.The third part focuses on the theory and practical problems of the Study Object. Such theory problems mainly includes the structure of the right of the Study Object and impact on the Study Object of the land contractual management right's personal privilege. The practical problems mainly include the distribution of shares, the appraisal of land contractual management right, the registration of land contractual management right, the limitation on the amount of the shareholders, the adjustment of land contractual management right, the mortgage of land contractual management right. The fourth part proposes some suggestions of founding the system of the Study Object. It first discusses the system of the Study Object itself including the qualification of the company referring to the Study Object, the distribution of shares, the adjustment of shares, the change of contribution, the withdraw of contribution. Then it discusses founding relevant system of the Study Object including the registration and mortgage of land contractual management and other measures against risks.