Research On The Legal Issues Of The Family Contracting Right Share Of The Limited Liability Company

After the introduction of the policy of ‘three power split',the right shares become the main form of the transfer of family contract management right and the development of modern agriculture.Family contract management rights shares limited liability company is the farmers to family contractual management rights as capital,into a limited liability company,to obtain equity behavior.The purpose of this paper is: the rationality of the contracting right of the family contract and the construction of the relevant system.First of all,this paper analyzes the main form selection of the shares of the household contract management right,and analyzes the empirical model of Jiangsu province rural land share cooperatives,Chongqing agricultural land shares limited liability company,Sichuan province family contract management right peasant professional cooperatives Contract management right of the shares of the limited liability company's local model,a clear family contract management rights shares limited liability company is the contract management rights of the most reasonable legal subject form.Because of the other forms of ownership,the co-operation of the limited liability company is conducive to safeguarding the rights and interests of the peasant shareholders;the limited liability company has greater autonomy;the limited liability company has strong external capital capability;the limited liability company model is more suitable The Development of Family Farm in China.Secondly,it analyzes the legitimacy of the limited liability company of family contract management right.The ‘Central Document No.1' issued in 2015 and the‘Central Document No.1' promulgated in 2016 put forward a ‘solution to the principle of collective ownership,stability of rural land contracting,the right to land management,clear separation of powers 'And the reform policy,for the separation of power theory under the family contract management rights to provide a policy basis.Based on the academic debate on the separation of power and jurisprudence,this paper puts forward the idea that the land management right is separated from the family contract right and as the object of the shares.Thirdly,it analyzes the system requirement of the contractor 's right to share the ownership of the household contract,and puts forward that the legislation should clarify the concept of land management right,clarify the property right,register the landmanagement right and revise the ‘ Contract law 'and ‘property law' provisions,the establishment of land management rights system.After the study,this paper studies the general problem of the right of family contract management,and proposes to standardize the land price evaluation institution,and clarify the land price evaluation standard.In view of the risk of the farmers' right of subsistence protection,it is suggested to construct the income right system,auction subsidy system and insurance system.Finally,from the construction of the special system of the family contract management right of the limited liability company,the number of shareholders for the‘Company Law' does not meet the conflict of the farmers' shareholders,it is proposed to increase the provisions of the legislation,that is,the requirement that the number of farmers is more than 50 In view of the issue of equity transfer,it is proposed to abolish the restrictive provisions of the Contract Law and allow the free circulation of land management right.For the company,the Company shall,in accordance with the provisions of the Contract Law,The conflict between the peasant shareholders and the non-peasant shareholders in the process of governance is proposed to be resolved by the preferred stock system.The conclusion of this paper is that the limited liability company of family contract management right is the reasonable subject form of future agricultural development.After the legalization of the ‘three-power split' policy,the legislation should clarify the object status of the land management right,and the contractor has the right to own the land management right to share the limited liability company,its shares should not be restricted.However,based on the function of family contract right protection,some peasant families still take land management as the only source of income considerations.Although the land management right has strong property attributes,the legislation should still improve the relevant social security system,and it is suggested that through the establishment of agriculture Insurance system to prevent the company in the agricultural market risk.