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Reserch On The Legal System Of Income Distribution Of Stock Cooperatives Of Agricultural Land

Posted on:2013-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2256330398492383Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Land is the basic means of production in rural areas, plays a very important role in promoting rural economic development and maintain social stability. Rural land contracting operating income related to the vital interests of the majority of farmers, and therefore deal with the legal issues of income distribution after the emergence of the shares of the rural land contract and management rights relating to rural reform and stabilize the overall situation. Shares as one of the land contract and management rights transfer, the superiority and the importance of gradually highlights also facing a lot of problems, however, in practice the operation of the process, especially income distribution problem in urgent need of the perfection of the legal system to resolve. To define the meaning of the distribution of income in the agricultural the land shares cooperatives and economics, and then analyze the basic theory of the shares of agricultural land cooperatives income distribution derived based on the premise of the shares of agricultural land cooperatives income distribution equity set. Option setting is the way of the shares of the company to determine the rights of shareholders, equity collective shares, farmers shares, legal person shares and state shares set.Legal Analysis of the income distribution system of agricultural land shares cooperatives. Use of the residual claims of Western economics theory and land ownership-equity theory reveal the premise of the shares of agricultural land cooperatives income distribution earnings.Stake in the analysis of the legal nature of agricultural land, the conclusions drawn claims circulation that appropriate correction is more in line with China’s current rural practice.And summarizes the principles to be followed in the shares of agricultural land cooperatives income distribution:the statutory priority principle, the principle of autonomy of villagers and fair principle of efficiency.China’s legislative visits, to parse different ranks, respectively, from the legal and administrative regulations, and local laws and regulations level the law of the different provisions of the income distribution of the shares of agricultural land cooperatives, especially "professional farmers cooperatives law","professional farmers in Jiangsu Province operative Societies Ordinance "different provisions of the shares of agricultural land cooperatives. Each place has a different mode of practice, cited the South China Sea mode, Zhejiang Beilun mode, mode and the Sunan model.Cooperatives of agricultural land shares the income distribution system, there are many legal issues, the impact of the equity interest in the stability of the agricultural land property rights imperfections such as agricultural land, a variety of factors restricting the income distribution of the shares of agricultural land cooperatives achieve agricultural land shares cooperatives internal governance mechanisms are inadequate, etc., and the corresponding strategy proposed separately. Special legislation for the shares of agricultural land cooperatives to build a multi-level regulatory system and effective regulatory approach, on the basis of the research. Cooperatives internal supervision mechanism is not only needed in the regulatory approach, but also needs the external supervision from the government, society, including internal supervision includes supervision of the Supervisory Committee and democratic oversight of the financial management team, external oversight, including the functions of supervision and oversight of the specialized agencies.
Keywords/Search Tags:Agricultural Land Shares In Cooperatives, Income Distribution, Option Settings
PDF Full Text Request
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