Research On The Legal Issues Of Farmland Management Rights Becoming Shares

The country's agricultural population,pondo,the land as the most important part of the farmer's life,has been playing the most basic social role in the past for a long time in the past.Along with society's progress and development of agricultural modernization began to demand that use the land for the farmers' income,in November 2014,by the general office of the central committee of the communist party of China,issued by the general office of the state council"about guiding rural land management rights transfer with the opinions of the development of moderate scale management of agriculture"(do hair[2014]no.61)in the specific provision:"adhere to the rural land collective ownership,ownership,contract right,management of division and separation,guide the orderly circulation of land management rights,unswervingly maintain family-run position,try to cultivate new operators,attaches great importance to developing all kinds of large-scale business model,to consolidate and improve the basic rural operating system.”In this background,the theory of separation of division arises at the historic moment.In comparison,the "separation of division" on the basis of the "two rights separation"expand the use of land area and scale,enriched the type of the main body of agricultural production.Moreover,the greatest innovation point of the three-power separation theory lies in its emphasis on "operating management right"' which is also the key point of the new round of farmland property right reform.The concept of farmland management rights also comes from this,which provides the policy foundation for increasing the disposable income of farmers.In view of that theoretical analysis and empirical analysis,the policy concept and legal attribute of the right of management of agricultural land are introduced first,and the exist problems are observed through theoretical analysis of the different farmland right management modes of different agricultural land management in different experiment,so as to put forward the countermeasures for solving the problems.The law of company law,land contract law,guarantee law and other laws are not guaranteed by the substantive law because of their own hysteresis,which requires the corresponding legal modification plan.Due to the particularity of farmer shareholders to take risks,to farmers has guaranteed dividend policy at the same time take into account through the legal means to protect the interests of creditors and other non-agricultural shareholders as well as agriculture and try to build a set of both sides in the right game all applicable rights protection mechanism,try to seek a highly balance;In addition,including the registration mechanism,the market system and the social security,the system is very short,and it requires the leadership of the state and the government,to lead the establishment of the farmer's shareholder insurance system,and to improve the registration system of the agricultural land,and to accelerate the rural social security system,and to buy into the agricultural land rights and to create a benign social environment for the entire country.