The Research On Land Management Rights Invested In The Perspective Of "Three Rights Distribution"

The "three rights’ distribution"(TRB) is a new introduction of "problems in reforming of rural land" based on the "Chinese party central committee number one file ". Specifically, TRB means "implementing group ownership", "stabilizing farmers contractual rights" and "liberalizing land management rights" of rural land. It was introduced under the background of continuously deep reforming of economy structure and the expending of urban-rural dual structure. Currently, the existing contractual and management system of rural land is in fact hindering the scale and modernization of agriculture. Therefore, there is an urgent need of introduction of TRB to distinguish rights from benefits and stimulate the transfer of land rights. Judging from the existing law and how the land rights are transferred, farmers’ contractual rights will not be jeopardized regardless. Thus, during the process of land rights’ transfer, stability of land contractual rights and one way transfer of land management rights are lawfully feasible and reasonable. Such feasibility and reasonableness are also reflected in the "Corporate Contract Theory," "Land ownership theory ", "Socializing ownership theory", " Social justice theory", " Social benefit theory " and some other theories."Becoming a shareholder" is a legal concept of corporate law. What "becoming a shareholder" means here is "investing" the corporation with land management rights when the corporation was established. Compared to other ways of land rights’ transfer, the practical reform of buying in shares with land management rights is still in its infancy. China carried out such reform in 1992, typical provinces and cities include Nanhai, Guangdong Province, Kunshan, Jiangsu Province, Chongqing City and several areas in Zhejiang Province. Pros and cons are both revealed during the process. Currently, there are two ways of "becoming a shareholder" : buying in shares of professional farmer’s joint-stock cooperatives or buying in shares of agriculture Ltd. Considering the results and developments of the ongoing practical reform, agriculture Ltd. Should gradually replace the temporary transitional professional farmer’s joint-stock cooperatives and become the main applicable approach in the future.By far, buying in shares with land management rights are facing lots of legal difficulties. For example, there are lots of problems in corporation establishment, business ownership change and land contractual rights’ change etc. These difficulties are seriously hindering the development of the reform and they contradict the positive results of the ongoing land reform. Additionally, the lag of current relevant laws contributed to the fact that the current system of buying in shares with land management rights are not widely applicable, unfair in the shares’ distribution and has limited effects in land rights transfer. At this point, the Government should begin to widely introduce the TRB as the basic reform perspective, keep the concept of the reform up to date, analyze the pros and cons of various models of the reform, then put forward new ideas to consummate the reform.Improvements of the system of buying in shares with land management rights should be carried out under the guidelines of the TRB concept. In order to achieve the estimated goals of the land reform, the current "corporate law" and the "farmer cooperatives law" needs to be amended, which includes distinguishing attributes of the rights of "contractual rights" and "management rights" in the "land contractual law", clarifying the rights and responsibilities of each beneficiaries and declaring their relationship with the lawful third party beneficiary. Plus, the reform of treating land management as shares can not develop without building the supporting systems. These supporting systems include land price evaluation system, land transfer service system and land shares’ insurance system etc. Only when the conflicts between the current law and the TRB were solved and the complete supporting system allowing buying in shares with land management rights was built, the introduction of allowing commercial and industrial capital to participate in agricultural business and the scale and modernization of agriculture could become feasible.