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Research On Legal Issues Of Land Stock Cooperative Management

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y S DongFull Text:PDF
GTID:2336330536459350Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
From 2004 to 2016 in the last thirteen years,the central government of China has made the corresponding instructions on the important aspects of the reform of the agricultural system.From 2004 to the central document of the land expropriation related provisions,to the 2016 central document stressed to accelerate the completion of the relevant provisions of the collective land ownership work,the state in the thirteen years from the subject to the guidance from the macro to the micro,detailed provisions in different aspects for the development of the national population accounted for eighty percent the agricultural population and income guarantee.In the midst of the land system of our country has undergone several significant reforms,first of all,the land of peasant owned property for the national public is collective,made clear the change of ownership;secondly,the collective public becomes the premise of collective master right at the same time,the household contract responsibility system based on family.The household contract responsibility system is a historic reform,widely implemented in Chinese rural areas,greatly played a positive superiority of collective and individual,can adapt to the decentralized management of small scale,it can adapt to the relative concentration of the appropriate scale of operation,and promote the comprehensive development of productivity and the rural economy,improve the living standards of farmers.However,with the development of science and technology and the progress of history,especially the innovation of agricultural science and technology and other aspects of rural finance,every household in the traditional labor model has not been able to fully meet the requirement of modern agriculture,improve agricultural economy to modern double quantity and quality requirements,has created the re establishment of a new agricultural the operating system.So,they came to the third steps of the reform of China's land system,the establishment of a new land stock cooperative management system of rural land management model,based on ensuring the increase of farmers' income on the scale of the liberation of farmers while achieving land productivity,science and technology management.The right to land contractual management is protected by law.However,the contractual right of land is different from other rights.The joint stock cooperative system is a form of economic organization with unique advantages,which is formedby absorbing the advantages of the two economic organizations.The characteristics of the shareholders are the main characteristics of the stock cooperative system,which is different from the stock system and cooperative system.The specific matters such as the mode of corporate governance,the rights of shareholders,the distribution of interests and so on,which are required by the joint-stock cooperative system,need to be adapted to the actual situation of the rural areas in China.The establishment of rural land stock cooperation system,help to improve the security of the land to farmers,to increase farmers' income,also to carry out large-scale land use,establish the specialization and industrialization of agricultural production and management model,is conducive to the development of modern agriculture in China.According to the actual situation of our country,the rural land share cooperative system has formed a clear land property rights.So that all the subjects can get the benefits of land development.Therefore,China's rural joint-stock cooperative system is a potential land management model.The joint-stock cooperative enterprise is the main body of the rural joint-stock cooperative system,which is divided into agricultural cooperatives and agricultural enterprises according to different operating modes.The former pay more attention to service,the latter pay more attention to profit.But no matter what kind of form,have their own internal governance structure.The farmer is the main body of agricultural land,but in the agricultural land in the process not only includes the farmers in this single subject,also contains many other special interest groups in the complex,special land joint-stock cooperative agricultural management mode in the operation process,the legal status and role in the economic operation of each subject clear at the same time,to use legal means to regulate and coordinate the enterprises,joint-stock cooperatives and farmers in the main obligation distribution rights,public welfare regulation and other aspects of the problem.Good operation of joint-stock cooperative system requires the subject clear legal rights,the legal regulation of joint-stock cooperative system in the course of business rights and obligations arising,fundamentally,still need to state some support in the system.This paper is focused on in the country gradually improve the possible process of reform of the land system in the legal issues,the relevant legal issues on rural contracted land stock cooperation management involved and put forward to solve the problems related to the self perception.
Keywords/Search Tags:land contract Shares of Land, joint-stock cooperative system, management of land system, land-scale operation
PDF Full Text Request
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