Legal Issues Of Agricultural Land Shares

Shares of agricultural land is not only the key to solve the problems and promote the urbanization process, but also improve the efficiency of the route one must take agriculture, promote agricultural production scale, intensive, industrialization. Therefore, exploring the issue of land investment is of great practical significance. Shares of agricultural land is based on reservation farmer household contract management right, which is separated of property rights and personal rights, and the transfer of the property to the enterprise or the rural professional cooperative behavior. Our country is carried out extensive practice on shares of agricultural land in the beginning of this century, emerged in Chongqing, Guangdong Nanhai, Zhejiang Taizhou. Those place represented in different patterns. The successful experience of these practices also have some shortcomings, such as agricultural land conservation and development problem is the farmers risk, changing the rural land property, issue of reasonable development of land; the absence of protecting farmers’interests of shareholders that market access mechanism is not perfect, farmers to participate in the company management and supervision, the equity transfer difficult problem, to protect the interests of the termination of the company the farmer and the creditors; the lack of government boost system.We analyze the shares mode of the USA and Japanese agricultural land, absorbing the reasonable experience that is based on the basic situation of our country, combining the pilot experience in China, design a set of matching system ensures that the shares of agricultural land, the direction in the interests of farmers and farmers shareholder fallback of interest. Therefore, the author from the farmers contractual rights shares of agricultural land conservation, rural environment and agricultural land, urbanization, agricultural land shares, shares conditions, land valuation model, farmer shareholders to participate in the management and supervision of farmer shareholders equity transfer, company, after the termination of the interests of farmers security and government oversight and government support and other aspects of the system opinions and design their own corresponding to promote China’s agricultural land shares smoothly. The above point of view, there may be many shortcomings, but I hope to be able to make our due contribution to the development of farmland ownership.