The Legal Research Of Resettlement Mode Of Industrial Park Farmers Getting Share

With the speeding up of industrialization and urbanization, a great deal of rural collective land is expropriated, and the number of land-lost peasants is growing constantly. Their resettlement has become an important problem for the development of society in our country. The problems how to make the land-lost peasants can share the dividend of the social development, and protect the land rights and interests of land-lost peasants and help them get fair and reasonable compensation have become one of the most important aspects of the resettlement mode research. The implementation of resettlement mode of industrial park farmers getting share, by reasonable means of stake setting, optimizing the allocation of interests in the development of industrial park, effectively avoid the long-term interest damage caused by the loss of land, peasants’survival and development are linked to the sustainable development of the industrial park, and the benefit of the industrial park will be shared.Beginning from the concept definition of resettlement mode of land-lost peasants in the industrial park, the thesis analyzes the cause of the resettlement mode of land-lost peasants in industrial park, introduces the operation condition of implementation methods and procedures of the current stake in resettlement mode, and summarizes the legal characteristics of the land-lost peasants’shareholder resettlement in industrial park farmers. Through theoretical analysis, the land shareholder is analyzed from the aspects of the economics, law, science and so on multi-dimensional analysis, and the feasibility of theory of shareholder resettlement of land-lost peasants is argued. On the basis of theoretical analysis, the empirical analysis method is adopted; land investment experience and the existing problems in practice are observed. With the inspiration of two dimensions in both theory and practice, systematic and in-depth legal construction is conducted on the resettlement mode of the of land-lost farmers in the industrial park from the aspects of asset and capital verification, stock right implementation, income distribution, stock equity management five key links. At the aspect of asset and capital verification of land, by selecting the professional intangible asset appraisal institutions, using the value structure of scientific evaluation method to ensure the rationality of the evaluation results, and through the publicity system of external assessment of supervision mechanism, the impartiality of the assessment is guaranteed and the demonstration for subsequent evaluation is provided; as for the implementation of equity, shareholder identity is determined on the basis of household contracted management subject, the stock risk is divided by means of staking the industrial park and through the collective decision-making of the land-lost peasants, the economic interests of the land-lost peasants and are organized as a unified investment subjects and the stocking efficiency is improved; As for the setting of equity, the peasant shareholders’return on equity is safeguarded in the form of cumulative preferred stock, preferred stock shareholders’ general meeting is established and system of voting resurrection is established to prevent the interests of the shareholders of the preferred stock of peasants being damaged; In terms of income distribution, with collective shares and individual shares as the basic equity structure of income distribution, different distribution is carried out based on age; layered and sequence distribution is conducted in accordance with the mandatory requirements on the distribution of profits of company law; As for equity management, by strengthening the education about equity management to the farmer shareholders, the ability of peasants to shareholders equity management is enhanced, and their initiative and enthusiasm of equity management is improved. With the equity of professional management personnel, the efficiency of equity management is improved and on the basis, shares are allowed to transfer in the club of the village range, and equity transfer function within a certain range is guaranteed. In the end, suggestions of perfecting relevant laws and regulations to guarantee the smooth implement of the shareholder resettlement mode, market-oriented operation mechanism in investment and perfecting rural social security system and strengthening the publicity and education of land-lost peasants are put forward.