Reasearch Of Legal Issue Of Company By Investment Of Right Of Contract And Management Rural Land

Agricultural development in China can no longer rely on the "fragmentation" household contractual responsibility system to continue, it should allow modern effective corporatized organizations to participate in the existing business model for Rural Land Reform. The corporatized organizations have incomparable advantages in management structure, organizational scale and the management decision-making process, it not only can resolve the bottleneck issue of agricultural capital shortage, but also can introduce professional management personnel, and to better promote the progress of agricultural modernization. However, have a share-holding in a contractual management company for rural land have not reached a consensus, it is still in the phase of practical exploration and theory construction, especially in the aspect of policy and legal support of severity shortage, only some related principles are available. And under the background of Law ruling, any evolutions relates to Land Reform needs Law regulations to ensure that Land Reform can be progressed orderly and stably.This article includes progressive discussions, which outlines discussions of the following: The value of contractual management for rural land; Comparison of having a share-holding in a Farmers' Professional Co-operatives for contractual management of rural land to having share-holding in a contractual management company; The concepts of the contractual management company for rural land. Detail discussions are given to the legal system of share-holding in a contractual management company for rural land.In regards to the organizational issues and structures of share-holding in a contractual management company for rural land, since the current farmers are not rick takers, the farmers can try to start with share-holding in a Limited Liability Company, and when the farmers have accumulated enough capital and management skills, the concept of share-holding in a Company Limited by Shares can be explored. In the meantime, the legal framework should focus on the market access of the company; share rights set-up and adjustments; investing mechanism regulations and exit mechanism regulations, to make sure a smooth evolution of contractual management company for rural land is undertaken, a stable rural country is maintained, the farmers can obtain maximum profits, and agricultural modernization is implemented. Reasonable guidance are to be given to the contractual management of rural land in Farmers' Professional Co-operatives, appropriate guidance are to be taken to move to company structure.