Research Of Legal Protecting Of The Farmer's Land Shares Rights

The third plenary session of the 18 proposed that "we should be positive developing farmers shares cooperative, protecting the rights of farmers' collective economic organization members, but also to giving farmers more property rights". It is the breakthrough and innovation for the peasants' collective ownership theory and it has important practical significance. In the process of establishment of rural collective property rights system and development of the land joint-stock cooperative also have many practical problems:laws that are ambiguous, the land joint-stock cooperative management is very chaotic, farmers share rights has not clear, the administrative organ is not appropriate intervention and farmers' consciousness of protect the land shares rights is weak,and so on. In practice, it is these existing problems lead to the phenomenon of the farmers' land shares rights are violated.This article summarized the domestic related research results and practices around the country, on the basis of analysis by drawing from company law, the civil procedure law and economic law basic theory, then put forward an idea of legal protecting of the farmer's land shares rights in the land joint-stock cooperative system. Besides the introduction and conclusion, this paper includes four parts:The first part: this article summarized the basic theory of farmers' land shares rights,such as the characteristics and properties. On the basis of it, this article analysis that the formation and type of farmers' land shares rights,and define the content of the farmers' land shares rights effectively.The second part: through the introduction of three cases, and points out that the phenomena and problems of destroy the farmers' land shares right are often happened.The third part: on the basis of the case, it is pointed out that farmers' land shares rights are violated, and dig into the causes of that.The fourth part: on the basis of analysis the Law of Peasantry Special Cooperative,etc,we can use the experience of legislative experience for reference.On the basis of the theory of economic law basic theory, this article put forward some legal advice of protect the farmers' land shares rights from the legislative, executive, regulate government behavior and the auxiliary system.