Study On The Legal Protection Of Farmers' Shareholder Rights In Farmland Limited Company Under The Background Of "Three Rights Division"

At present,the exploration of the practice on our country's agricultural land circulation,especially in the central issued after the policy of "separation of division",rural land contract right and land management division,farmers with land in agricultural land shares of the company and shareholder status and risk dividends.However,according to the contracted management of land in our country's practical experience,in the farmland stock company set up stage,stage of existence and company liquidation phase are farmers shareholder rights and interests of the different situations.At the establishment stage of the agricultural land stock company,the situation that the farmers will be forced to take a stake and the value of the land management rights is low;May arise during the duration of the farmland stock company holdings(important)or shareholders exploited dominance farmer shareholders' voting rights,right,profit distribution and other rights and interests,and has the problem of farmers shareholder exit mechanism is not sound;In the liquidation stage of the agricultural land stock company,the farmers' shareholders are most likely to lose their land rights and lose the land to their social security.Therefore,based on the analysis and summarizing the practical experience of our country early farmers shareholder rights and interests is damaged,on the basis of legislative and judicial reasons,put forward in the farmland stock company set up stage to carry out the basic principles of civil law,voluntary basis,to set up the land value assessment system and improve the market system;Proposed duration increase farmers in farmland stock company shareholders voting rights,safeguard farmers' right to know,to establish and perfect the system of farmers' supervisors,perfecting shareholders profit distribution system and improve the farmers' exit mechanism concrete plans;It is proposed that the protection of land rights and management in the hands of farmers and their social security functions will be ensured by repurchase and investment insurance system during the liquidation period of agricultural land stock companies.