A Study On The Legal Regulation Of Limited Liability Company Under The Strategy Of Rural Revitalization

Under the background of the rural revitalization strategy,it is an important task for the party and the country to realize the comprehensive revitalization of rural areas based on the reform of "the separation of three powers".The land system reform,especially to promote the effective circulation is its base,and land in a limited liability company as a form of its transfer,practice doesn't really put a "live",usually only with a stake in farmers' professional co-operatives is given priority to,this way is too single,it is difficult to promote the development of the rural market.As a mature form of modern enterprises,the limited liability company has the inherent advantages of combination of resources,people and profitability,which coincides with the identity characteristics of farmers and the pursuit of maximization of land value.The establishment of a limited company can not only optimize the allocation of the means of production,solve the problems such as the lack of rural capital,backward management level and fragmentary operation,complete the transition from traditional agriculture to modern agriculture,but also liberate farmers and realize the coordinated development of rural industries and the diversification of shareholding forms.However,from the perspective of the actual situation of the company,the system is still not sound enough,and many regulations have reflected the excessive inclination to protect the interests of farmers.Although it can be said that this is the expression of autonomy,but in fact there will be such "charitable" investors! Most of them are for the purpose of maximizing benefits,so this practice directly affects the interests of farmers,non-farmers shareholders and creditors,affects their enthusiasm for investment and transaction,and finally affects the development of the company.Therefore,in the context of the rural revitalization strategy,this paper systematically elaborated the conflicts and balances of interests of various subjects in the land management rights shareholding limited liability company,and discussed how to solve the problems in practice with impartial,objective and reasonable solutions from the perspective of interest balance,so as to promote land reform and realize rural revitalization.This paper is divided into three parts.The first part is to sort out the basic theory of the rural vitalization strategy.It is mainly studied from the following aspects: the interpretation of the rural vitalization strategy,the background analysis of the shareholding of the farmland managementrights limited liability company,and the theoretical basis of shareholding.Investment co.,LTD is one of the useful way to revitalize the land management rights,under the country revitalization of strategic planning,policy,law,theory and the basic mature social infrastructure provides its soil,but due to the special national conditions in our country,a shareholder limited liability company involves more subject interests,not in the national large-scale promotion,mostly become a mere formality,attraction is not enough,so this chapter to study this phenomenon.The second part is the analysis of the conflict of interests of the relevant parties involved in the ownership of farmland limited liability company.Through the understanding of the typical pilot areas specific pattern,from the company's internal conflict of interest between shareholders,the company's internal conflict of interest between shareholders and outside creditors such as Angle were analyzed,and the thought of the excessive protection of the interests of farmers and the uneven distribution of shareholder voting rights,will lead to the company's internal imbalance between different interest subjects,is not conducive to attracting investment;The lack of existing relevant systems and laws will lead to the lack of supporting systems and harm the interests of relevant subjects.All these are detrimental to rural revitalization and deserve special attention.The third part is the corresponding countermeasures and Suggestions.Under the guidance of adhere to the strategy of rejuvenating rural,in view of the practice of the policy and legal cohesion,and the unreasonable place,balanced and perfect the whole supporting system for protecting the interests of all parties,and improve the agricultural land management rights in limited liability company each related main body law benefits balanced mechanism,such as the introduction of preferred stock system,comprehensive coverage of the whole rural land management rights investment insurance system,perfecting the combination of the land system and trust system,and set up farmers to shareholders and the collective land management rights of priority right of repurchase and so on,in order to pass the application of the system and mechanism,To realize the effective transfer of rural land and the great strategy of rural revitalization.