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Study On The Investment Issues Of The Land Contractual Management Rights

Posted on:2014-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:J DongFull Text:PDF
GTID:2296330425979346Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The land is production and development elements by which human can survive,thefarming economy of “Men tilling the farm and women weaving”has created, severalthousand years of civilization in China,but has settled the land complex farmers, resulting inthe fact that farmers rely the basic form of production of the land, Ignoring the maximumvalue of the land as assets. With the deepening of reform and opening-up and thedevelopment of the socialism market economy, China’s rural family-run business model ismore obvious to hinder the rural productivity. The development of rural economy mustdepend on exerting assets attribute of soil resources and optimizing the distribution of thesocial resources.Modern agricultural economy, improving the degree of organization by commercialrunning, enhancing industrial efficiency by the concept of modern management, finallyrushes on a path of modern agriculture which is large-scale, intensive and scientific. In thispaper, we will find the policy, legal, social shackles when investing the right of operation ofland contracted by peasants to establishing a company, and seek how to make the ruraleconomy approach the era of corporatization under the facts of safeguarding the legitimaterights of farmers, improving the efficiency of the rural economy and giving consideration tosocial stability in rural areas.In particular, the first part of this paper mainly studies the feasibility of investment of theland contractual management rights. The land contractual management rights are usufructrights with a security function and a limited market transfer. With meeting the transferringconditions, the land contractual management rights correspond with nature of corporationsinvesting property, therefore are feasible in theory.The second part of this paper mainly introduces the main investing obstacle: the stablebut breakthrough agricultural policy、Rural Land Contract Law and Company Law notpermitting directly、farmers not understanding the investment.The third part of this paper mainly puts forward to set up a security system for investingrights of the land contractual management. In macros copy, localities should adhere to theprinciple of voluntary, equality, fairness, honesty and credit, in order to guarantee peasants’ life; in micro presentation, localities should establish security system in aspects as for theequity transfer, company operation, and rural social security level in the specific operation.The last part of this paper mainly puts forward specific suggestions for operation ofinvesting rights of the land contractual management. Localities should make inventing policyrationally, estimate the worth scientifically, and blaze new title registration; the investorshould recognize investment agreement correctly, understand equity ownership and exercise,and promote other excellent assets to play a powerful role for development of the agriculturalcompany. The company should establish its own agricultural properties, limit the ability ofagricultural management, and interdict the probability that controller change agriculturalproduction by their actual behavior.
Keywords/Search Tags:The land contractual management rights, Investment, The security system, the specific suggestions
PDF Full Text Request
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