Study On The System Of Land Management Right To Participate In Farmers’ Professional Cooperatives

On December 9,2018,the Ministry of Agriculture and Rural Affairs and other six ministries and commissions issued the "Guiding Opinions on the Development of Land Management Rights to Share in the Development of Pilot Agricultural Industrialization Operations".The opinions affirmed the feasibility and necessity of land management rights to become shares,but in view of The land management right is a new thing that emerged under the background of the "three rights separation".In theory,there are still disputes about the nature of the land management right and the nature of the ownership of the land management right.This article uses literature analysis method,value analysis method and other research methods to analyze the current situation of land management rights in theory and practice,and finds that the system still has the following problems: First of all,in the basic system,first,after the shareholding in practice The profit distribution model is in conflict with the provisions of the "Farmer Professional Cooperative Law";second,there is a legislative gap in the equity transfer system after the land management right is invested;third,whether the land management right can repay the debt when the cooperative goes bankrupt remains to be clarified.Secondly,in terms of supporting systems,first,there are obstacles in the registration agency and registration process of the land management rights of the cooperatives;second,the evaluation mechanism of the land management rights at the time of capital contribution needs to be improved;third,the lack of the rural social security system will hinder the transfer of land management rights It is also something to consider.This article proposes to improve the above problems from three aspects: First,improve the profit distribution model and equity transfer system of the cooperative after the shareholding from the basic system,and clarify the debt repayment of the land management right when the cooperative goes bankrupt;second,improve the related Supporting systems,including registration system,evaluation mechanism,and strengthening the functions of the rural property rights transfer and trading platform;finally,through the construction of a "preferred stock" + "rent before share" system,improve the exit mechanism of farmers’ shareholders,establish a shareholding risk protection fund system,and From the four angles of the equity insurance system,we will explore the establishment of equity insurance system.