Study On The Legal Risk Of Industrial And Commercial Capital Participating In The Circulation Of Land Management Right

With the continuous development of China’s urbanization and population ageing,the traditional agricultural management model has been unable to fully adapt to the development of the times.The structure of agricultural practitioners in China is in a critical period of major adjustment,and the new agricultural management model is accompanied by the innovation of land system.Recently,the administrative measures on the circulation of rural land management right has made provisions on the acquisition of land management right by industrial and commercial enterprises and other social capital,which is an important measure related to the vital interests of the whole country and farmers.The legal status of Land management right has not been clearly defined in the rural land system of China in all historical periods,but in the actual agricultural production,Land management right has some specific manifestations,one of the most obvious is the extent to which farmers control their land.Today there are not only farmers in the traditional mode of land management,but also industrial and commercial capital into the agricultural sector to inject new blood.It is a double-edged sword for industrial and commercial capital to go to the countryside to participate in the circulation of rural land management right.At present,the construction of the legal risk prevention system for industrial and commercial capital going to the countryside is not perfect in our country,which includes the risks faced by industrial and commercial enterprises,such as the unstable contract for the circulation of land management right and the lack of specific laws and regulations on the lease of land management right.For agricultural operators,the cycle of obtaining income is long,and they must have stable management rights.These uncertainties mean that land management rights can be lost at any time or are subject to legal disputes,making it impossible to carry out long-term agricultural operations;there are also risks for farmers,such as industrial and commercial enterprises to the countryside access system is not perfect and excessive capitalization led to the risk of agricultural operations;and the lack of supervision of the land,the face of “One place,many changes”,nagement right is the key factor to implement the separation of the three powers and solve the related problems.In order to prevent the above-mentioned legal risks,we should combine the nature of land management right,construct specific market access system and land management right lease law,so as to make the agricultural participants have the law to follow in the actual agricultural management To establish a comprehensive supervision system in the event and after the event,to continuously monitor the use of land to ensure that development does not deviate from the pre-set track;The most important thing is to balance the interests of the industrial and commercial capital with those of the peasants so as to achieve a win-win situation,it is necessary to explore and perfect the new pattern of industrial and commercial capital participating in the circulation of land management right.