Research On Legal Issues Of Farmers' Professional Cooperatives Participating In Land Contracting Management Rights

For the sustainable development of the rural economy in our country,and in order to solve the problems of the current rural land contract management system,the Third Plenary Session of the 18 th CPC Central Committee passed the “Decision on Several Major Issues for the Comprehensive Deepening of Reforms,” and for the first time clearly stated the land at the policy level.The contracted management system has been transformed from the “two-share separation” to the “three-share separation” to develop a new type of rural land system.In February 2015,the CPC Central Committee and the State Council issued the “Several Opinions on Strengthening Reform and Innovation to Accelerate Agricultural Modernization Construction”(hereinafter referred to as “2015 Central Document No.1”),requesting that land ownership,farmers' contracting rights,and land management be clearly defined.Right relations between rights.At this point,the policy "three rights allocation" began to seek a legal response.At the thirty-first meeting of the Standing Committee of the National People's Congress in 2017,the Law of the People's Republic of China on Professional Farmers Cooperatives was passed,and at present the Law on Rural Land Contracting is being overhauled.Under this background,the author thinks that the research on the connotation and system of the farmer's professional cooperatives with the right to land contractual management will be of great significance to the legislation and implementation of the cooperatives in the future.The author's article is divided into five parts.The first part of the introduction mainly introduces the significance of China's current land policy and the study of land contractual management rights in shares of farmers' professional cooperatives.The second part mainly introduces the basic theory of the right to land contractual management rights,and analyzes the land contractual management rights and land management rights from the perspective of separation of power and power.The author believes that since the production path of land management rights does not conform to legal logic,it is not appropriate to use land management rights.In order to participate in shares,it shall continue to use the right to land contractual management to enter into shares.The third part introduces the legal status of the special legal persons of farmer professional cooperatives,the characteristics of farmer professional cooperatives and the property right analysis of farmers.The fourth part introduces the main issues of the right to land contractual management rights for farmers' professional cooperatives,including the evaluation of the right to land contractualmanagement rights.Whether the assignee should have problems with the identity of the farmers,the issue of debt repayment and the problems of the cooperative itself.The fifth part is the solution proposed by the author in response to the above issues.It mainly includes improving the land registration system,establishing a land contracting management rights assessment system,relaxing the identity restriction of the grantee farmers,establishing a creditor protection system,and improving the internal governance structure of the farmers' professional cooperatives.