Research On Legal Protection Of Farmers' Rights And Interests In Land Management Right Shares

The newly revised Rural Land Contract Law for the first time clearly clarified that land management rights can be transferred to shares.The land management right to invest in the development of agricultural industrialization and innovation has innovated the transfer mode of land management rights,enriched the concrete realization form of the "three rights division" of rural land,favored the moderate scale operation of agriculture,and opened up new channels for farmers to increase their income.Farmers' rights and interests are the starting point for formulating shareholding laws and policies,and also a touchstone for measuring whether land reform is implemented.Farmers' rights are related to the evaluation of the results of the pilot project,and more concerned with the overall situation of agricultural land transfer reform.However,the reform practice of land management rights is still in the initial stage of exploration.The peasants' rights and interests are lost and damaged,and the potential risks have not been effectively adjusted and controlled.We need to explore the problems in the shareholding system,increase the protection of the rights and interests of farmers,with a view to further benefiting from further reforms.The characteristics of the land management right shall be the usufructuary right,which is divided by the land contractual management right.The essence of land management rights is that farmers can earn income by converting land management rights into company equity.In 2017,a new round of reform pilots was launched,and a number of companies and shareholding cooperatives with land management rights were established in pilot areas such as Chongqing Fuling,Sichuan Chongzhou,Heilongjiang Huanan,and Jiangsu Wujin.This paper summarizes the existing problems in the pilot projects from the perspective of “protection of vulnerable groups of farmers' rights and interests”,and analyzes the specific manifestations of the damage to farmers' rights and interests and the institutional roots of the three stages of shareholding preparation,share operation and share withdrawal.In the preparation stage of share purchase,the valuation of land management rights is often low,the peasants' willingness to launch shares,and the qualifications of women's group shareholders are infringed.In the stage of share operation,there are problems such as farmers failing to share value-added income,low participation in business management activities,unrecognized protection of hidden shareholders,and administrative intervention by village committees.In the period of withdrawal,the farmers' freedom of withdrawal of shares is limited,the risk of land loss is increased,and the protection of the right to subsistence is insufficient.For the problems existing in the protection of farmers' rights and interests in land management rights,and the reasons for refining the system level,the legal countermeasures for improving the protection of farmers' rights and interests are proposed in a targeted manner.Establish a legal system related to shareholding,provide legal basis for the confirmation and protection of rights;scientifically evaluate the value of land management rights,improve the level of democratic management,improve the profit distribution mechanism,and protect the rights of farmers' right to know,vote,and profit distribution;Shareholders withdraw from the mechanism,explore the feasibility of equity transfer,adhere to the original intention of "release the land management rights";through the share insurance,special risk funds,land management rights repurchase system,multi-dimensional improvement of risk prevention and control mechanisms;Issue the certificate and finalize the work,develop an independent rural land transfer intermediary organization,and improve the rural social security system.Gradually divest the social security function undertaken by the land,realize the property right of the land management right,and get rid of the "duality" of the rights attribute.All of this is based on the importance of protecting the rights and interests of farmers and eliminating the worries of farmers.