Study On The Legal Problems Of Land Contract And Management Rights As Capital

China is a large agricultural country. The world safety is based on the agricultural stability. The resolutions of agriculture, rural areas and farmer's problems directly relate to the country's long-term stability and the national economy sustained development. Currently, land is still the security of farmers'survival and development rights.Therefore, no matter from theoretical analysis or empirical investigation, the real problem can not be avoided. That is, the fundamental of solving the "three rural issues" is simply reasonable construction and orderly operation of the land system. And the most important thing is to establish a flexible, efficient mechanism of land contractual management shares transfer, which provides the driving force for the development of rural economy. In 2007, the first open in Chongqing in the form of government regulations first contracted land management Co., LTD. Shall be regulated by. So far, with the contracted land a shareholder limited company this transfer received wide attention of all social sectors, mixed.The right to land contractual management is the system that people of their right to land contractual management regard right to land contractual management as investing discounted shares to corporate enterprises and gain equity. It is an agricultural production and management methods that better use of land resources, which not only can realize the scale of land management, but also promote the improvement of land resources efficiency. Co., Ltd. shares the right to land contractual management is a new land-use pattern in recent years. The related research and theory construction and implementation of specific systems are still in the exploratory stage. Therefore, how to establish and strengthen the relevant legal system for the right to land contractual management Co., Ltd. has become an urgent important issues. This paper is divided into four parts:Part one discusses the basic problem of the right to land contractual management shares. First of all, this paper states the meaning, characteristics and nature of the right to land contractual management, which serve as the basis for definition of the right to land contractual management. Then, review the evolution of the right to land contractual management system and analyses its future trends. Finally, collect the existing legal norms, sum up the existing laws' negative attitude on right to land contractual management. The second part investigates the necessity and legitimacy of the land contract and management rights. First, by analyzing the limitations of the household contract responsibility system under the framework equalizing contract right to land contractual management system and the advantages of the right to land contractual management, demonstrate the need for shares. Secondly, from the policy, legal, law and practical basis, analyze legitimacy of the right to land contractual management shares.The third part analyzes legal security and social causes of the right to land contractual management and the shares. Firstly, this paper states the law security of the right to land contractual management shares, mainly reflected in the difficulties faced by the company system. Second, the analyze the root reason why laws restrict the transfer of shares the right to land contractual management, that is the social background of urban-rural dual economic and conflict of the dual property rights to land contractual management.Part four is the legal system construction and implementation of the right to land contractual management shares. First of all, strictly regulate the applicable conditions, including the external environment and internal requirements. Secondly, construct the concrete system of land contractual management and shares. This section is divided into three parts:the first part suggests corporate legislation should have some breakthrough in the application of unification of the system. The second part is the recommendation of construct the specialized "Agriculture Law", which discusses the restrictions on the number of shareholders, transfer of the right to land contractual management, the company operating period, the company profit sharing, value assessment of land contract and management rights and other issues one by one to start. The third part effective protects the rights of the shareholders of farmers. The last part analyzes other complementary measures of right to land contractual management of the shares, including strengthening rural education and training of farmers, improve the rural social security system, forcing the compulsory agricultural insurance and rural financial system with the follow-up.