Research On The Legal System Of China's Land Contract Management Rights In Farmers' Professional Cooperatives

Rural land is the focus of land reform in China.As one of the channels to bring the market value of rural land into full play,land contractual management right has policy support and legal basis.However,the legal provisions on this issue are mostly affirmative in principle,and the definition of the nature of relevant rights is too vague.The theory of "separation of three powers" is to insist on the unchanged ownership of land and give full play to the effectiveness of land management rights.Rural land transfer is still in its infancy.In recent years,various forms of stock-taking practices have emerged in various places,but the lack of specific legal provisions has led to the land transfer is not smooth and the interests of farmers are not guaranteed.Therefore,this paper tries to find out the causes of the dilemma from the connotation and legal basis of the land contractual management right,and find out the political and economic factors involved in the rural land problem besides the legal problems.It also explores the advantages and disadvantages of the farmer professional cooperative form of equity,and puts forward the improvement of the land contractual management right of the farmers on the basis of equity.Suggestions on the legal system of professional cooperatives.This paper is divided into five parts.The structure and main contents of the article are as follows:Part I: Introduction.This part briefly describes the purpose,significance and value of this study.The second part: the basic theory of rural land contractual management rights.Firstly,it expounds the rural land contract.Secondly,it analyses the advantages and disadvantages of the three different modes of rural land contractual management right equity,and puts forward the advantages of the three modes of rural land contractual management right equity as compared with other modes.Finally,it discusses the object basis and legal provisions of the land contractual management right equity in farmers' professional cooperatives,and determines the basis and feasibility of its power object.Part III: Examples and judicial case analysis.From the real events and judicial cases,we find out the problems existing in the professional cooperatives of farmers who are shareholders,and analyze the reasons for their current predicament are the predicament of theland system caused by the unclear ownership of rural land and the predicament in the specific operation caused by the imperfect legal legislation.Part IV: System construction of farmer specialized cooperatives in which rural land contractual management rights are shareholders.Firstly,aiming at the problem of land ownership in which rural land contractual management right is a shareholder,it lists the choice analysis and expert opinions of two modes of land privatization and collective ownership;secondly,aiming at the imperfection of the legal provisions of farmers' professional cooperatives in which rural land contractual management right is a shareholder,it puts forward the establishment of land value evaluation norms,improvement of the registration system of land transfer confirmation rights,and perfection of land transfer rights.Legislative suggestions on withdrawal mechanism after stock ownership.Part V: Conclusion.Through the example analysis and the system and legal analysis of the rural land contractual management right,the author thinks that defining the boundary between public power and private right is the premise to break down the system obstacle of the land contractual management right,so as to solve the practical operation problem of the farmer specialized cooperative with the right of land contractual management by improving legislation,and promote the farmer specialized with the right of rural land contractual management.The smoothness and liberalization of cooperatives.