Research On Legal Issues Of Pooling Of Contractual Right Of Farmland Into Farmer Cooperatives

The central problem of the "Three Rural Issues" is the agrarian problem,which is relevant to the hundreds of million farmers' right and the whole reform of countryside.It is vital for the land to realized value by propelling its transfer orderly,and the year of 2014,the Chinese Communist Party put forward a new concept to separate the"property in land",the "land contract right",the "land management right" from each other to propelling this.On this background,the academia debate how to develop the contractual right of farmland once again.This paper is on the basis of the theory of"setting three right apart" to establish the system of pooling of contractual right of farmland into farmer cooperatives.Pooling of contractual right of farmland into farmer cooperatives is insisting on the land contract right invariant,and transfer the land just by.pooling of contractual right of farmland.Various regions in China have already practiced this new method,like taking a stake in farmer cooperatives and land stock cooperation.The law and some policy documents are the reality basis of this,the philosophy of law and the theory of division and conformity provide the academic basis for it.The pooling of contractual right of farmland as a new method has its own advantage,but has some legal issues in practice.In order to solve the reality problems of pooling of contractual right of farmland,it is necessary to insist on perfecting the legal system,optimizing the evaluation mechanism,and optimizing the inner structure of cooperatives,to propel the rational and orderly land transfer,protect the farmers' legal right,make the reform of countryside rationalization,scientization,and modernization.