Analysis On The Legal Issues Of The Investment Of Rural Contracted Land Management Rights

Since the late 80 s,the weakness of fragmented operation made by household contract responsibility has become more obvious.The advantages of large-scale land operation have emerged.Compared with the traditional land management mode,the scale operation advantage of the land is more obvious,which can improve the efficiency of land use,liberate the rural productivity,and promote the process of agricultural modernization and industrialization in China.The scale management of rural land requires the intensification of land,so it is imminent to solve the problem of land circulation.At present,the way of land transfer in our country may be divided into subcontract,transfer,lease,lease,stock,mortgage and so on.However,due to the fact that China's land transfer system is not yet mature,and the land contractual management right becomes a relatively new way of circulation,China's law does not provide detailed provisions.The relevant provisions of China's law on the ownership of land contracted management rights are found in China's regulations on the system of land transfer.Due to the absence of relevant legislation,the development of land contractual management right is slow.Meanwhile,the imperfect rural security system seriously restricts the development of the system of land contractual management right.The reform of production mode concerning rural land circulation,shares system as one of the most important means of relevant laws and regulations,improve the rural land management rights shares system,perfecting the rural social security system,to share system of rural land management rights protection,promoting rural land scale operation,accelerate the process of agricultural modernization.This article is divided into five parts,to analyze the ownership of the rural contracted land management rights.The first part,the introduction.This part introduces the background and significance of the system of land contractual management right,and gives a brief introduction and analysis of the concept,conditions and characteristics of the system.Meanwhile,it introduces the research methods used in this paper.The second part of the rural land contractual management right.In this part,the concept,conditions and characteristics of the land contracted management rights are introduced.And the nature of the rural land contract management right is analyzed,and it is considered that the ownership of the rural land contract management right is a kind of property right circulation.The third part,the current stage of rural contracted land management rights to share the practice.This part introduces the relevant legal provisions of the rural contracted land management right in China at present,and analyses some shortcomings.In the form of cases,the paper briefly introduces how farmers get profits from the mode of land contractual management rights,and makes a simple analysis of the economic and social benefits of the mode.The fourth part,the legal problems existing in the rural contracted land management rights.This part introduces and analyses the conflict of law in existence,the establishment of the company,bankruptcy liquidation period,and analyzes it from the lack of relevant laws and the land market is not perfect,that the legal safeguard mechanism and the lack of risk prevention is not perfect,is an important factor to hinder the rapid development of the rural land contract management rights shares system.The fifth part,the way to solve the legal problems of rural contracted land management rights.From the stage of the establishment,the duration and the liquidation of the company,this part puts forward some suggestions on improving the legal system of rural contracted land management rights.It is considered that judicial relief is an important means to protect the rights and interests of farmers.It is not changed,the system of rural protection and the system of labor market is perfected,and the system of labor market is perfected.On the other hand,it discusses how to improve the system of rural land contractual right to operate shares in order to help the improvement of land management rights.