The Research On The Legal Issues Of Rural Land As A Shareholder Of Farmers’ Professional Cooperatives

“The land rights are vital to human beings.” The system of rural land has an impact for peasants on the right of live and the right of develop.With the developmentof the agricultural industrialization and specialization, the Contractual right of RuralLand, which is now an obstacle for the development of rural area. So,how to perfectthe transference of the Contractual right of Rural Land is one of the most tasks in both the academic circle and the practice world. The article looks at Land contract andmanagement rights shares farmer cooperative. This article study to explore the problemof Land contract and management rights shares farmer cooperatives and how to improve.In addition to the preface and epilogue, this paper is divided into four parts,having about twenty-four thousand words, the main content are as follow:The first part is the overview. This section introduces the basic situation of Farmers’ Professional Cooperatives,including its concept, nature and characteristics. Then describe the nature of the Contractual right of Rural Land as a shareholder,which is notonly the academic controversy larger but also the basis of this study.There are threemain perspectives: property of circulation, debt of circulation, equity of circulation. Iagree with the first idea. Subsequently, we discuss the carrier of the Contractual rightof Rural Land as a shareholder of stock cooperative enterprises, company or Farmers’Professional Cooperatives. We explan why is not the stock cooperative enterprises, company.And the Farmers’ Professional Cooperatives is the best carrier of the Contractual right of Rural Land as a shareholder.The second part is the theory. This section describes the theory of economic freedom and economic justice, usufruct theory, differentiated integration theory. we analyze the meaning of these theories and how to qualify in Land contract and managementrights shares farmer cooperatives.The third part is the problem of Land contract and management rights shares farmer cooperatives.This section describes the following four questions: First, there is a conflict between different laws.Second, how to assess a price of land contract and ma nagement rights.Third, the law does not allow Farmers’ Professional Cooperatives tostake land contract management rights transfer or mortgage.Fourth, the problem of Farmers’Professional Cooperatives’ internal governance structure.The fourth part, legal thinking. This part introduce improvement recommendations.First, modify the "People’s Republic of China Rural Land Contract Law" relevant content;Second, establish registration system of land contract and management rights Third,how to determine the price of the land contract and management rights Fourth, modif land contract and management rights transfer restrictions, allowing land contract andmanagement rights farmers mortgage.Fifth, how to improve the internal governance structure Farmers’ Professional Cooperatives.Full play to the role of members of the General Assembly, the governing compulsory establishment will (or director) and the Supervisory Board (or supervisor), strengthen the construction manager system.