Research On The Legal Issues Of Farmland Management Rights Becoming Shares In Cooperatives

The management right of agricultural land into shares will focus on the use of fragmented land resources and make reasonable use of it.Under the premise of clarifying the subject of rights,we will give full play to the function of land and mobilize the enthusiasm of farmers.In the process of investing in cooperatives,the protection of farmers’ rights and interests is the basis for the sound development of cooperatives,but the provisions of our laws on the right to operate rural cooperatives are less and too vague,and there are no relevant specific rules.The Law of the People’s Republic of China on Professional Farmers Cooperatives was amended in 2017 and the new law is more perfect.However,there are still few regulations on the right to operate agricultural cooperatives in cooperatives.Therefore,practical operations are prone to emerge various problems when there is no evidence to follow and no evidence is available.In order to solve the practical dilemma,it is necessary to analyze the practical status quo and combine relevant legislation and theories,so as to find feasible solutions to solve practical problems,improve the system of the management rights of agricultural land into shares,and practice the central police requirements to a promote,the orderly circulation of land management rights according to law.”This paper starts from the practical case of the right to operate shares in rural lands,and puts forward the specific problems in the operation rights of agricultural land in the shareholding cooperatives,analyzes them from the legislative and theoretical level,and then puts forward relevant suggestions for improvement.The overall structure is as follows:First of all,through the study of the status quo and practice cases of agricultural land management rights in Shaanxi,Hunan,and Shanxi Provinces,the problems existing in the ownership of shares in agricultural land management rights are identified:shareholders are not clear,unreasonable evaluation methods of share price,dispute resolution and risk mechanism are not sound,serious phenomena of "false and empty cooperatives" and imperfect repossession mechanism.Secondly,analyze the reason from the legislative and theoretical level,the national legislation is more abstract and the local legislation is different,this leads to difficulties in practice,the fundamental reason lies in the controversy over the definition of the legal nature of the farmland management rights into the cooperatives.Through the analysis of the legal attributes of farmland management rights into cooperatives,it provides theoretical guidance for the solution of the following specific issues.Finally,on the basis of the above analysis,we put forward suggestions on the specific issues raised in the previous article:In the law,clearly stipulates that the“household contracting”method of farmland management rights is the "peasant individual";The government takes the lead in establishing a special price assessment mechanism;Improve risk protection mechanisms,establish land arbitration agencies in township(town)areas and ensure sufficient numbers,improve relevant social security systems;Improve the entrance to the cooperative,strengthen supervision and review,prevent "false and empty cooperatives" arising,and strengthen public education for farmers should increase their understanding of cooperatives,avoid blindly following up with the formation of cooperatives,wasting national resources and detrimental to their own development;Improve the mechanism for withdrawal of shares to ensure the protection of the interests of all parties in the process of withdrawal.