Research On Legal Issues Of Pooling Of Contractual Right Of Farmland Into Limited Liability Company

As the most primitive raw material for agricultural development,land use efficiency is directly related to the realization of China’s agricultural modernization.With the development of new urbanization,land circulation in China has been accelerated.By 2016,China’s land circulation area will reach 470 million mu,accounting for 35.1%of the household contracting area,of which the area of inflow enterprises will reach 4638 million mu,accounting for 9.9%of the land circulation area.In various forms of land contractual management rights inflows to enterprises,the "equalization" and"profitability" of limited liability companies are in line with the "property" of land contractual management rights,and their "human fit" is consistent with the peasant shareholders’ autonomy.Demand,which makes the limited liability company to become a better choice of land contracting management rights in the form of shares.Although land contracted management rights were incorporated into the limited liability company in the early 1990s,due to the lack of a clear legal basis,the theoretical community has always disputed its legitimacy and considered that the land contracting law stipulated in the Rural Land Contract Law.The right to use shares to enter into the stocks only means that the contractors will share the right to land contractual management for agricultural cooperative production,instead of quantifying the right to land contractual management as a stock investment company.Moreover,in the specific practice of the right to land contractual management rights into shares,there have also been many conflicts with the existing legal rules,which urgently need to be modified so that they can be coordinated.This article is divided into three parts:The first part is the legitimacy of the right to land contractual management rights to share limited liability companies.This section analyzes the legitimacy of land contracting management rights into shares of limited liability companies from three aspects.In terms of the law,it is believed that current laws mainly refer to the relevant property rights laws and company laws,and they do not prohibit the use of land contracting rights to invest in companies.In terms of policies,the company’s shareholding as a new way of transferring land contracted management rights is supported by both the central government policy and local policies.In practice,before the introduction of the central government policy,the right to land contractual management rights has been put into practice in certain places.After the introduction of the central government policy,the scope of practice has continued to expand,and several major models have been formed.The second part is the legal predicament of the right to land contractual management rights to share limited liability companies.This part analyzes the predicament of land contractual management right incorporation limited liability company in the real right legal rules,company legal rules,bankruptcy legal rules and other relevant legal rules.The dilemma of property rights legal rules includes the conflict between the term rules of land contractual management rights,the contradiction of land contractual management rights mortgage rules,and the transfer of land contractual management rights.The dilemma of the company’s legal rules is the conflict between the number of shareholders of the company,the conflict of the company’s business scope,the conflict of the company’s profit distribution rules,and the conflicting rules of the company’s stock repurchase.The dilemma of bankruptcy law rules can be summarized as the risk that farmers’ shareholders face losing land when bankruptcy occurs.Other related legal rules dilemma refers to the absence of legal rules for land evaluation and the inadequacy of rural social security legal rules.The third part is the crackdown on the legal dilemma of the limited liability company with the right to land contractual management.This section first determined the basic principles to be followed by the right to land contractual management rights to enter into shares,followed by specific measures to improve the legal rules.In respect of the property rights legal rules,the contract period of the land is extended,and the right to land contractual management rights is allowed.In respect of the company’ s legal rules,the company adopts entrusted shareholdings or trust holdings to determine the nature of preferred shares of farmers’ shareholders and rationalizes the company’ s repurchase system.In the aspect of bankruptcy laws and rules,a combination of judicial and non-judicial diversified bankruptcy prevention systems was established.As for other supporting legal rules,a scientific land price evaluation system for contracted management rights has been established to improve China’s rural social security laws.