The Research On The Legal Problem Of The Land Contract And Management Rights Shares

As one emerging land circulation way, the land contract and management right shares in limited liability company have the important meaning regarding our country rural development. To make full use of the rural land, for maximum benefits for farmers, some areas in China implemented the contracted management of rural land, to increase shareholder mode of land utilization, achieve maximum benefits. But because the contracted management of rural land shareholder have generized the practice prior, theory lag. That related legal theory research and concrete system construction are still at the beginning. Therefore, this reform will cause many legal conflict. it’s facing many questions in reality and urgently needed us to solve them through the consummation of legal regime. These article main partial structures are as follows:The first part is basic study of the land contract and management right shares. Analyze the superiority of the land contract and management right shares by introducing its the character and obstacle. Explain the feasibility and superiority by comparing the modes that the land contract and management right could share. And analyze basic principle that the legal rules about the land contract and management right shares should follow.The second part list three modes that the land contract and management right shares in limited liability company in reality. Discussed the existence barrier to the legal rules about the land contract and management right shares in our current law, mainly discussed some questions such as evaluation and price organization, mortgage for the legal rules about the land contract and management right shares and stockholder’s rights transfer.The third part raise the specific mechanism that the agricultural corporation different from the normal limited liability company, based on the social security right of the the land contract and management right.The fourth part put forward the proposal about legal regime’s construction and consummation for the legal rules about the land contract and management right shares in view of above legal difficult position and difficult problem. First is improve the existing laws and regulations to make them no difference. On the other hand, made the concrete tentative plan for the system of the land contract and management right shares. Finally, based on the situation that the land contract and management right shares was on the initial stage, suggest that the legislative perfection should be according to local situation.