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Legal Research On The Issue Of Family Land Contract Naand Magement Right Shares

Posted on:2015-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:W XiuFull Text:PDF
GTID:2296330431986133Subject:Law
Abstract/Summary:PDF Full Text Request
Household contract and management right as a shareholder is the realistic choice of farmland system reform, it overcomes the disadvantages of other transfer way and its superiority has been gradually recognized and accepted by peasants. In recent years, household contract and management right as a shareholder becomes more and more popular in the field of land circulation, giving many rural areas high benefit, also bringing a breakthrough to local agriculture. Although household contract and management right as a shareholder has made great achievements in practice, but a series of problems and the factors of restricting its development also cannot be ignored in the process.The research in this paper starts with the legal theory of household contract and management right as a shareholder, analyzes the legal nature and significance of household contract and management right as a shareholder. Through the research of its development in current situation, combining with its situation in legislation and practice to summarize its problems at present. Finally, reasonable solution and measures of legal system for household contract and management right as a shareholder has been put forward.The full text includes five parts, in particularly, the first part expounds the basic theory of household contract and management right as a shareholder, summarizes the connotation and characteristics of household contract and management right as a shareholder, and analyzes its theory basis and practical significance. It has the foundational status in this paper. In the second part, the two forms of household contract and management right as a shareholder are discussed. And then become a shareholder of the stock cooperative enterprise has been proved reasonably. As a result, the perfect proposal about household contract and management right as a shareholder has been put forward. The third part elaborates the conflict between stock equity in the long-term and deadline of the household contract and management right. At the same time, some suggestions has been profound to solve theses problems in this part.The fourth part in view of the rural land market in China has not yet formed and the land circulation system of registration has not been built perfectly. It can infer that transfer regulation system and land circulation system of registration about household contract and management right as a shareholder should be set up.Finally, there exists conflict between the property function of the stock equity and security function of household contract and management right.Therefore, in our country household contract and management right as a shareholder not only need to restore a special system of execution for the debts of the enterprise and risk margin in the legislation,but also requires to establish perfect rural social security system in practice.
Keywords/Search Tags:Household Contract and Management Right, Join the Shares, Stock Cooperative Enterprise, Social Security
PDF Full Text Request
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