Research On Legal Issues Of Investment Of Land Management Rights In The Farm Specialized Co-operatives

In order to protect farmers’land contractual management rights and effectively promote land circulation,the Third Plenary Session of the Eighteenth Central Committee put forward the reform measures of "separation of three rights" The rights on rural collective land are divided into land ownership,land contractual rights and land management rights.On December 29,2018,the Draft Amendment to the Rural Land Contracting Law of the People’s Republic of China was adopted by the Standing Committee of the National People’s Congress(NPC).Article 36 of the Amendment clearly stipulates that the right to land management can be transferred by way of equity according to law.The participation of land management rights in farmers’professional cooperatives plays an important role in improving farmers’ income,implementing modern agricultural management and activating the economic function of rural land.It is a concrete measure of the central policy on "activating land management rights",and it is also of great significance to farmers in several modes of land right participation at the present stage.However,the nature of the right to land management is not clear in the new law,and the relevant supporting provisions of the right to land management are not yet perfect.Therefore,it is necessary to conduct in-depth research on this issue in order to improve the relevant system of the right to land management in farmers’professional cooperatives.In addition to the introduction and conclusion,this paper is divided into four parts:In the first part,under the new background of law amendment,the legal nature of land management right is analyzed,and on this basis,the possibility and different influence of different nature of land management right are analyzed.In the second part,the particularity of farmers’professional cooperatives in equity is analyzed from the definition of farmers’ professional cooperatives,operation mode,characteristics and ownership of property.Then the author compares the three practical modes of farmer professional cooperatives,joint-stock cooperative enterprises and joint-stock limited liability companies,and finds that the mode of farmer professional cooperatives with land management rights is a more suitable and beneficial development mode for farmers at present.The third part is the analysis of the main legal problems existing in the farmers’professional cooperatives in which the right to land management is a shareholder.This paper expounds some problems and loopholes in the system of farmer’s professional cooperatives in which the right to land management is a shareholder at the present stage from the following aspects:the absence of price evaluation system,the unreasonable election and voting system of members’ongresses,the imperfection of income distribution system and the absence of withdrawal and liquidation system.The fourth part is about the countermeasures and suggestions to improve the land management rights of farmers’professional cooperatives.In view of the legal problems existing in the third part,specific countermeasures are put forward.Firstly,the countermeasures and suggestions of perfecting the right of land management to invest in farmers’rofessional cooperatives are put forward.In view of the legal problems existing in the third part,specific countermeasures are put forward.This paper puts forward some suggestions on how to determine the value of land management right and how to establish a professional way of price evaluation.Then it puts forward some suggestions on how to improve the election and voting system of the current members’congresses.For example,we can learn from the "special voting right" system under the mode of joint stock limited company,improve the "additional voting right" system,and finally,improve the farmers’professional cooperatives.In terms of the liquidation system of withdrawal from partnership,finally,to improve the liquidation system of withdrawal from partnership of farmers’professional cooperatives.