Legal Problems On Land Contractual Management Right As Share Capital In China

Land contractual management right based on obligation assumes function of both regulating the usage and circulation of the rural land as well as safeguarding the subsistence of farmers. Owing to this, The existing law only stipulates that land contractual management right can only be members of specialized farmers cooperatives.Through the analysis of the essence and extension of the right,not only solves the problem of the separation of three rights and the principle of numerous clauses,also defined the right of buying shares to land contractual management is not only limited to specialized farmers cooperatives,also including company, partnership enterprises and other organizations.With the development of urban, the farmers in our country can be divided into two types : the one who dose not want to engage in agriculture,the one who have the agricultural production craft and want to engage in agriculture. The way of buying shares can be divided into family buying and collective buying. Different needs of interests and the way of buying shares will generate different rights content of share rights. For enterprise,by means of giving equity shares’ rights to someone who does not want to engage in agriculture,giving prefer right of anticipation in distribution of profit and asset to someone who has he agricultural production craft and wants to engage in agriculture,and giving vote rights about the way of using land to collective owner, we can meet different subjects’ needs and interests. The shares’ rights may be exercised by the collective owner or other people by agency, trust and representative. By application of the existing law, the right of ownership can be effectively protected. Due to the bankruptcy of the enterprise, the dissolution will cause nonmembers of the rural collective economic organization to obtain land contractual management right, it will be against collective ownership system and household contract management system.Through giving the right of redemption to collective economic organization and in virtue of the function in spreading risk of social insurance enterprise, we can effectively solve the problem of farmers lost their land. At the same time, for the reason of profit distribution and different risk appetite,there are interests conflicts among enterprise, shareholders and the collective about earnings. By creating risk-transferred mechanism and interest-coordination mechanism and in virtue ofsocial insurance enterprise,we can effectively resolve the contradiction and conflict.