Study On Shares In Company Via Household Right To The Contracted Management Of Rural Land

Farmers rely on land for survival and reproduction. Land is the basis for the farmers and the rural. After land reform, primary agricultural co-operation, advanced agricultural co-operation, household contracted management of land system,farmland property rights system is clear. The current household contracted management of land finally has been established, known as the biggest accomplishment of farmland system reform in last thirty years. Over the past 20 years, great changes have taken place in China’s rural land economic. The high degree of correspondence between peasants and land has been cut off, capital cities along with the gradually break of urban and rural dual system rush into the countryside, right to the contracted management of land circulation has become a common phenomenon. In most cases, family take a stake in the company via the right to the contracted management of land, with whose unique advantages in the circulation industry and organization, but the fact that household contracted management face circulation barriers and company’s legal investment obstacles makes the equity to be legal mechanism adjustment.Therefore, research to resolve the conflict between property rights or affordable in the right to the contracted management of rural land practice and to clear the system of right to the contracted management of land investment in company becomes important. To find sequence to the contracted management right of land investment in the company and put forward some countermeasures to perfect law is important in theoretical and practical significance. Based on this understanding, this paper attempts to dig from the development of the household contract responsibility system of the contradiction and the system under current economic situation. Based on the law system for the company in particular, family contracted management consulting and management of the two rights separation circulations liberalization and smooth has been put forward.This article is divided into five parts, the article chapter structure and the main content is as follows:The first part: introduction. This part is briefly in this paper, set in the research purpose, significance and value.The second part: study on the basic theory of the right to the contracted management of land. The concept of family contracted management is expounded,with analysis on the legal nature of the right to the contracted management of landand three kinds of theories and definition on the frame in this paper. Both the contracted management and the scope of the company play a very important foundational status.The third part: the evolution of the household contracted management system in China and the present condition of the circulation. Based from the evolution of the household contracted management system, from a stake in the company found the new features of the typical practice, taking the Qionglai Tangying model as an example, analysis on the right to the contracted management of rural land in Chongqing Qionglai area sets up the company’s concrete practice.The fourth part: analysis on the right to the contracted management of land with respect to law. First of all, the analysis on the contracted management of rural land describes the risk of land contract system; second, the analysis to the contracted management of rural land between the company and the company system in China’s company law risk is decomposed into three stages from setting up, surviving,bankruptcy and liquidation phase. Analysis of the current system obstacles is specified from administrative law.The fifth part: building-up of system for right to contracted management of rural land. First, in view of the right to the contracted management of land system,the basis of improving the household contract responsibility system is put forward;Secondly, in view of conflict between the company and the land contract system, the right to rural land should be completed in the new company law as the criterion;Again, analysis on the right to the contracted management of rural land improves social security system.The sixth part: conclusion. From practice of the contracted management investment in company, this article puts forward the corresponding constructive suggestions, hoping to promote the circulation of the right to contracted management of land and the industrialization and scale management of agriculture.