| The "Civil Code",the revised "Farmer Professional Cooperative Law",and the "Rural Land Contract Law",which came into effect on January 1,2021,clarified the legal status of the "separation of powers" and granted the "separation of powers" This important reform has stimulated the vitality of rural resource elements,increased farmers’ land trading opportunities,and played a catalytic role in agricultural modernization.However,in the course of the practice of land management rights,there are still problems that cannot match the existing laws and cannot fully protect the legal rights and status of farmers,farmers’professional cooperatives,companies,and creditors.This article will focus on the ownership of land management rights,discuss the legal attributes of land management rights,and discuss with typical cases of judicial judgment documents,and analyze the legal issues that exist in the process of land management rights becoming shares.With the help of existing laws and regulations and related theoretical foundations,we propose solutions to the legal problems that exist in the process of land management rights as shares.Finally,on the basis of the previous article,some suggestions for legal amendments are put forward.This article is divided into the following three parts.In the first part,through the discussion of the legal attributes of land management rights,the relevant policies and laws of land management rights are sorted out.Combining the viewpoints of academic circles,this paper discusses the legal attributes of land management rights and property rights.Through the discussion of the legal attributes of the land management right,it discusses how the land management right can be a share.The second part analyzes the legal issues that exist in the process of land management rights,such as valuation,profit distribution,restrictions on the number of shareholders,and withdrawal of members and farmers’ shareholders.The third part,in response to the legal issues in the previous part,proposes the establishment of a scientific land management right share evaluation and valuation system,members and shareholders,cooperatives and company income distribution mechanisms,the company’s countermeasures to limit the number of shareholders,land management rights share members and shareholder withdrawal mechanisms,And other mechanisms to improve the security of land management rights.Finally,some suggestions for legal amendments are put forward. |
