The Research Of Contributing Land Contractual Management Right As Capital

"The land rights are vital to the human beings." The System of Rural Land has relationship with the survival and development of farmers. With the industrialization of agriculture, increasingly clear needs of large-scale development and the acceleration of urbanization, the Rural Land Contractual Management right, which has been greatly promoted the agricultural development is now an obstacle. Therefore, how to improve the rural land contractual management right in the transference system is one of the most desired topics to both practical and academic world.Contributing land contractual management right as capital, a model for transferring the ownership of the rural land, is a system under which the shareholder makes his contribution with his land contractual management right. And contributing land contractual management right as the capital of a limited liability company is an innovation in recent years, with both the relevant legal theory research and the practical regulation just being in the initial stage. And this paper, choosing contributing land contractual management right as the capital of a limited liability company(hereinafter short for Study Object) as the study object, analyses the basic theory, the practical significance and the real-world value, investigates legal obstacles under the current system, using the methods such as comparative analysis, historical study, general study of different subjects and so on. Furthermore, the paper proposes some suggestion of improving these problems and founds a system of the Study Object and some relative systems. The paper is divided as follows:Firstly, the definition of contributing land contractual management right as capital is presented, using the theory of fairness and efficiency to analyze the embodiment and appeal of the agricultural system, indicating the direction of agricultural reform and development, that is, the uniform of large-scale land management and agricultural social security function, and also indicating the system which transform from contracted management right of rural land into shares meets this requirement, and the model of the system which transform from contracted management right of rural land into shares are being inspected and assessed meanwhile.Secondly, the dynamic cause of the system which transform from contracted management right of rural land into shares is analyzed from the basic theory aspect, that is, the defect in the current rural land use system and the need of improvement for the functions of the contributing land contractual management right . The possibility of the system which transform from contracted management right of rural land into shares is being theoretically discussed at the same time. And the real-world values of the system which transform from contracted management right of rural land into shares, such as the revision of the household contract responsibility system, the unite of the labor market, the formation of the capital market, the establishment of agricultural production systems of modern manufacturing enterprise, are analyzed.Thirdly, the legal and other obstacles of the system which transform from contracted management right of rural land into shares under the current law system are described, with the focus on the land law, the property law and the rural land contract law and the combination of the relevant regulations of companies act. The performances of the legal obstacles are those like the impact of demutualisation on the company's capital system, the limited number of the company personnel, the conflict between the transference of the rural land contractual management right and the enterprise self-management rights, the constraint on the share transferring and the system of farmers shareholders withdraw their shares, the conflict between the permanent existence of a company, bankruptcy and liquidation and the duration of the contributing land contractual management right. The performance of other obstacle is the protection of the system which transform from contracted management right of rural land into shares and the farmer's benefit.Finally, the legislation selection and the improvement of the supporting system of the system which transform from contracted management right of rural land into shares is proposed. Because of the specificity of the system which transform from contracted management right of rural land into shares, the obstacle of demutualisation can only be resolved by establishing the new special law which is the Agricultural company law. And the assumption related to the share configuration, the funding mechanisms, the exit mechanism and the management of the company structure is proposed. The system which transform from contracted management right of rural land into shares is a systematic engineering, it needs the improvement of other supporting system, such as the improvement of the rural social security system and the registration system for land contract and management rights and so on.