Study On The Legal Problems Of Professional Farmers Cooperatives Shares The Right To Land Contractual Management

Chinese law does not prohibit the right to land contractual management stake in farmer cooperatives, and also there is the strong support of the basis of reality and related policies. However, due to the issue of law are too vague and lack of uniformity makes the practical as well as theoretical circles around the land shares to the understanding of the legal nature of the behavior of land shares, there are considerable differences. Shares the concept of the right to land contractual management, the content and form of defined, and on the basis of the understanding of the legal status of farmer cooperatives and nature, further analysis and understanding of the land contract and management rights stake in the legal nature of farmer cooperatives. The controversy on this issue there are two theories:Property Rights circulation say that flow and debt. Since the purpose of the land contract and management rights shares the play land efficiency, improve the economic level of farmers, to bring more income to farmers. Consider effective, we have to take into account the actual situation of our country the land play the most basic social security function of the existing social security system is not perfect, are undeniable. If only consider the benefits,risks, ignore effective behind is clearly contrary to our initial purpose. Therefore, this article is also more inclined to Claims circulation said. On the basis of the right to land contractual management stake in the understanding of the nature of farmer cooperatives, land contract and management rights shares deficiencies in the system. And for the presence of specific legal issues put forward suggestions to improve our land contract and management rights stake in the legal system of farmer cooperatives.