Research On The Legal Matter Of Sharing Stock Right In Limited Company By Using Land Contractual Management Right

As a new-established land transfer method, sharing stock right in limited company by using land contractual management right is quite helpful to the development in the rural area of China. In order to make the most use of rural land and help farmers promoting their profits, the Chinese government has carried out a policy that allowing the co-founders sharing stock right in limited company by using land contractual management right. However, this measure is only sustained in several provinces of China. On the day of November 12th.2013.the Communist Party of China had hold a significant meeting and reached several agreements in which the farmers would keep their land and develop more diversified method to make good use of the land at the same time. According to these agreements, farmers are authorized to share stock right in limited company by using land contractual management right. This act is aim to help farmers promoting the farming work into an advanced industry. By implementing such orders, more family-farmland, farmers cooperate organizations will be established and their business strategy will certainly be more diversified and powerful. Here the issues showed up that the related legal references isn’t enough to regulate the above procedure. And the related system is not yet built up. Therefore the land reform resolution that discussed above would cause many disputes in the practical perspective. These disputes need an effective way to be solved. By reviewing the related theory of sharing stock right in limited company and cases in the practical situation, this thesis has discussed the conflicts between government policy and legal regulation. In general, these conflicts include the following items:1.Time limitation difference between land rent right and company exist period,2.Stock pledge right and ’Forbid pledge land rent right policy’,3. Conflicts between the establishment,operating and end of the company. The author finally gives her own suggestions to the related system which regulate sharing stock right in limited company by using land contractual management right.In content, this thesis could be managed into four parts:First part mainly discussed the related theory. The author made a detail introduction to the existed three mode that constantly applied in sharing stock right in limited company by using land contractual management right. And the author had also analyzed the necessity and possibility of building a system that help sharing stock right in limited company by using land contractual management right.In the second part, the author focused on discussing the development of the related system. This chapter made a conclusion about the related policy, regulations and cases happened in the practical area. These review and discussion aim to provide useful reference to the related legal regulations.The third part introduced the current related legal regulations. The author had put much attentions in introducing and analyzing the conflicts between the policies and legal regulations. These discussions contained not only the conflicts, but also gave detail introduction to the related issues.The fourth part is about the suggestions to build a better system that help sharing stock right in limited company by using land contractual management right. The author had make her own suggestions from two perspectives.