The Improvement Of The Legal System Of Farmland Management Right

As a large agricultural country with a large number of rural agricultural population, land is the most important means of production in China. How to increase farmers’ income with "land" as the factor has been a major problem in China’s primary industry. Farmland management right as shares has a development of nearly thirty years from the beginning of the 1980 s or 1990 s in South China Sea to now,which has achieved remarkable results in the promotion of farmers’ income. At the same time, the 2014 and 2015 No.1 Document referred to the acceleration of the reform of rural land for two years in a row, "stabilizing the contract rights,deregulating management right”, increase farmers’ disposable income, and promote the integration of urban and rural areas. While, in the legal aspects, the entity of the transfer of farmland management right in the Regulations on the Transfer of Right to Land Contracted Management is limited to the "contracting parties", which will obviously restrict its development. Therefore, the improvement of the legal system of farmland management right as shares is not only in line with the needs of practical development but also the requirements of the national policy.From the practice of farmland management right as shares, with the methods of theoretical and empirical analysis this paper combs and analyzes the three new theoretical systems represented by the theory of creditor’s rights stake, property right stake and the right of labor stake, so it is concluded that the mode of creditor’s right of “land rental” as share is most consistent with China’s current level of economic development in rural areas.Through comprehensive analysis of various classic modes of China’s farmland management right as shares, it is not difficult to find that almost all of the modes involve the "guaranteed bonus”. This is mainly because China’s current rural social security system is still not perfect, and the land still bears the function of social security to a large extent. This paper argues that the American system of preference shares has something in common with the " guaranteed bonus” of China in the priority distribution of dividend. Therefore, the introduction of system of preference shares into the Company Law is expected to serve as certain reference to the marketization of China’s "guaranteed bonuses" The improvement of the legal system of farmland management right should adhere to the principles of "farmers are voluntary", "not to change the agricultural use of land" and "adjust measures to local conditions". At the same time, the laggard laws should be amended, which will “legalize” such problems as the farmland management right as shares, the management system, the protection of the rights and interests of the farmer shareholders and the creditors of the company. Finally, we should also correctly position the government in the system of farmland management right as shares, build the "catch-all" responsibility system of the country, eliminate investment concerns of creditors, and further improve the rural social security system and so on.