Research On The Legislative Model Of Agricultural Land Stock Cooperatives

At present,farmland share cooperatives have become an important force in the circulation of farmland management rights and the innovation of agricultural economic organizations,and its stability and development need to be regulated by law.This paper probes into the legislative mode of farmland share cooperatives in China in order to make a reasonable and prudent choice.The main content contains four parts as follows.The first part is the sample introduction and characteristic summary of the research object-farmland share cooperatives.Two samples covering the main types and typical characteristics of farmland share cooperatives were selected to show the actual state of farmland share cooperatives in China.Based on the two samples,this paper reveals the characteristics of farmland share cooperatives in terms of equity objects,property rights and operation modes from a legal perspective.It lays a foundation for the following discussion on the independence of the organizational form of farmland share cooperatives and the exploration of its legislative mode.The second part faces up to the legislative predicaments of farmland share cooperatives and carries out legal analysis around them.As for one of the predicaments,that is,the legal status of farmland share cooperatives is unclear,the view that the farmland share cooperatives have become profit-making enterprises is controverted,and it is proved that farmland share cooperatives conform to the principles and purposes of cooperatives,and has the legal status of the cooperatives.As for the other dilemma,namely,the independence organization form of farmland share cooperatives,from the property right nature and other aspects,it is demonstrated that the legislation of farmland share cooperatives should not be confused with rural community share cooperatives,but an independent organizational form,and should be incorporated into the legal system of cooperatives.The third part discusses the legal path of legislative mode of farmland share cooperatives.Start from the introduction of the "unified legislation theory" "separate legislation theory" and"comprehensive legislation theory",and then from national conditions factors,policy factors,and current law factors,it is put forwarded that "separate legislation theory" should be adopted.In this legislative mode,it is proposed to take law on farmer specialized cooperatives as the blueprint,elevate it into the law on agricultural cooperatives,and bring farmland share cooperatives into the regulations.The fourth part is the concrete design of regulations in the selected legislative mode.It is pointed out that the current legislation on specialized cooperatives is scattered and biased,which cannot be matched with the reality of farmland share cooperatives.Furthermore,some corresponding designs of perfecting the law on farmer specialized cooperatives are put forwarded,so as to realize the compatibility with farmland share cooperatives.