Research On The Protection Of Farmers' Rights And Interests In The Rural Land Stock Cooperative System

Farmland stock cooperative system is based on China's basic national conditions and agricultural development situation created by the land circulation of a new form,is unique with our characteristics of agricultural land property rights model.In theory,agricultural land cooperation should include land ownership and the right to use shares,but the land ownership shares are obviously not in line with our constitution,therefore,here refers to the land shares cooperation,is the farmers to the land management rights in the form of shares of the implementation of joint-stock cooperative Of the system.In recent years,China's rural research has implemented the pilot work of the agricultural land share cooperatives,promoted the implementation of the agricultural land stock cooperative system,promoted the mode innovation of the land circulation,the improvement of the efficiency of the scale operation and the quality of the specialized farmers Training,traditional agriculture will continue to guide the modern agriculture.However,in the actual operation of the stock cooperation,there are many risks and difficulties,farmers' rights and interests can not be protected,the situation has occurred violations.Therefore,we must actively analyze and respond to the existing problems of the system,and enhance the protection of farmers' rights and interests in cooperation.It is not only necessary to constantly improve the design of the stock cooperative system,but also to constantly adjust the relevant system,Due to the limitation of space,in the study of the protection of peasants' rights and interests in the land stock cooperative system,the other systems are not considered,and only the research and analysis of the system of agricultural land cooperation is carried out.Due to the large regional differences in China,the specific problems faced by rural areas are complex and do not have the same identity.According to the differences in the operation and management of agricultural land cooperatives,It is divided into two main modes:autonomous management and internal rent.At the present stage,in order to make the farmers' rights and interests more and more protected,it is suitable to choose the single factor of the rent in the underdeveloped area or the system model;and for economically developed areas and the system development is more mature areas,you can choose multi-factor model.The core elements of the agricultural land cooperation system are "shares" and"cooperation".Therefore,it is possible to divide the farmers' rights and interests in the agricultural land cooperative system from the capital operation of the management right shares and the democratic management of the cooperatives,The farmers 'rights and interests in the operation of the shares mainly include the farmers' rights and interests in the management of the cooperatives,including the participation of the farmers and the freedom of socialization,the farmers 'participation and supervision,and the farmers' value-added benefits right.In order to better respect and protect the rights and interests of farmers,China has given the issue of farmers 'rights and interests in terms of legislation,policy support and system innovation,and so on.However,from its development status,at present,the performance of farmland stock cooperative system has been limited to a certain extent.The farmers' rights and interests in the process of local practice have also been damaged to varying degrees,mainly in the loss of farmers' shareholders' rights and interests And social and democratic management rights and interests are limited.The root cause of the problem lies in the imperfection of the legal protection,the lack of the relevant provisions of the relevant laws,the contradiction between the relevant legal norms,the difficulty of the autonomous rules scattered,the right to land contractor property rights qualitative also Its negative impact.In view of the specific problems and legal reasons of the protection of farmer's rights and interests in the agricultural land stock cooperative system,in order to actively cope with the problems in the operation of the agricultural land stock cooperative system and better protect the farmers' rights and interests,we must first improve the cooperation Legislation,and secondly,to improve the specific provisions of the relevant links of agricultural land cooperation,once again to build the stock cooperative system in the farmers "land loss" risk prevention response mechanism,and finally from the perspective of democratic management,enhance the level of democratic management of stock cooperation.