The Reaserch On The Rural Land As A Shareholder Of Farmers' Professional Cooperatives

It is a kind of new agricultural business model which has been explored in practice in recent years.The current law does not specify that the management of the land contract can take a stake in the farmer's professional cooperatives,but it is not a prohibition,but a system space.The third plenary session of the 18 in the journal on comprehensively deepen reform certain major issue decision ","allowing farmers to the contracted management of investment in agriculture industrialization",for the right to the contracted management of land in farmers' professional co-operatives provides important policy basis.In order to respond to the needs of social life,it is urgent to study how to increase the national policy that allows the management of land contracted management rights into the legal system.This paper USES literature research method,empirical research method,normative analysis method and other methods to carry out research on the investment of farmers' professional cooperatives,except the foreword and conclusion,in six chapters:In the foreword,it is not suitable for the development of modern agriculture,and it is necessary for the farmers' professional cooperative to take a stake in the land contract management.It has become a national policy to take a stake in the development of agricultural industrialization,and how to raise the national policy to the legal system in order to respond to the needs of social life.First chapter,in this paper,the concept of evolution,right to the contracted management of land and the nature of the change,the legal status and legal characteristics of farmers' professional co-operatives,right to the contracted management of land in the components of farmers' professional co-operatives,and right to the contracted management of land in the necessity and feasibility of farmers' professional co-operatives.The second chapter,the paper expounds the necessity of the right to the contracted management of land in farmers' professional co-operativesand feasibility based on the development of moderate scale of agriculture,promote the farmers' income,rich right to the contracted management of land property,needed to promote specific purpose such as real right to the contracted management of land in farmers' professional co-operatives is necessary;It is feasible for the farmers' professional cooperatives not to be prohibited by law,and have certain theoretical basis,and will not cause the peasants to lose their land security.The third chapter describes the legal nature of the management of land contract management rights.Although some scholars have different opinions,but we believe that the nature of the right to the contracted management of land property rights in accord with the company law,the farmers' professional cooperatives law provisions on legal persons independent property,but also be able to moderate scale agricultural operators to provide stable land expected,suit the moderate scale of agricultural production practice,is right to the contracted management of land in the future development trend.The fourth chapter analyzes the legal obstacles and puts forward corresponding countermeasures.The current legislation of right to the contracted management of land transfer set up strict restrictions,we think its limitations with special legislation,shall be upon the right to the contracted management of land to establish a usufructuary right,to the land management right,as of right to the contracted management of land property rights in a stake in mark,to crack the related legal obstacles.The fifth chapter,the discussion to the contracted management of land in the construction of a farmers' professional co-operatives concrete system,including the land value evaluation system,land management to buy into the public system,stock transfer system.The sixth chapter discusses the legal risk and prevention of the investment in the management of land contracting rights.For the macro legal risk(i.e.,the risk of farmers losing land),the land management repurchase system and land management auction supervision system should be established so as to prevent farmers from losing land guarantee.For micro legal risks,it mainly includes the risk of unjustified enrichment and default risk.Should be widespread "guaranteed bonuses" legalization,and adjust the amount in the contract must be documented,standardization,and to set up the mechanism of agricultural insurance and agricultural insurance reinsurance,to reduce the probability of default cooperative.Conclusion is a brief summary of this article.