The Improvement Of The Legal System Of Farmland Shareholding Joint-stock Cooperative Enterprises

“Three rights division” refers to the separation of the collective rights of rural land,land contracting rights,and farmland management rights.As the inheritance and development of the previous "two-power separation",“Three rights division” is a new system of farmland scale management under the background of the separation between the current right holders of the contracted management of land and right holders of rural land.Compared with common joint-stock cooperative enterprise,farmland shares-incorporated joint-stock cooperative enterprise,which is a form of scale management of agricultural land,differs in terms of stock ownership,corporate governance,shareholding structure,dividend distribution,and so on.In the aspect of equity participation in agricultural land,due to the conflict between the policy and the existing law leads to difficulties in the aspects of equity,basic livelihood protection and land loss risk of farmers are leaded.These difficulties can be solved by introducing the farmland system of “Three rights division”.There are three parts of the full text: The first part focuses on the internal governance structure,the income distribution system,and the differences between the rural cooperatives and the ordinary joint-stock cooperative enterprises.The second part elaborates the plight confronted by rural land after its entrance into shareholding cooperative enterprises: Firstly,the problems existed respectively in the stakes of creditor rights and shares in property rights of agricultural land;secondly,the conflicts between farmland identity and market circulation;thirdly,the predicament between the basic livelihood protection rights of farmers and the landless risk of sharing.Fourthly,the collision of interest between stakeholders concerned after the farmland taking a stake in the joint-stock cooperative enterprise.The third part mainly discusses the basic content of the “Three rights division” and focuses on the functions of the property right of agricultural land and the social security of land contractual rights cracking the difficulties of farmland shareholding joint-stock cooperative enterprises,as well as proposes the introduction of preferred stock system resolving the contradiction between the stockholders who leave the farmland and enter the cityand the shareholders of the staff.