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Research On The Establishment System Of Intermediary Organizations Of Agricultural Land Transfer In China

Posted on:2021-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2506306737469564Subject:Law
Abstract/Summary:
Since the 18th National Congress of the Communist Party of China,the strategic goal of "agricultural modernization" has been made clear.The transfer of agricultural land is one of the basic conditions for the realization of agricultural modernization.With the establishment of rural land transfer market,the scope of rural land transfer is expanded,the objects of rural land transfer are diversified,and the intermediary organization of rural land transfer is born.The intermediary organization is an important part of realizing the optimal allocation of market resources.The intermediary organization of rural land transfer is a kind of market allocation organization naturally born in accordance with the situation of agricultural development.It appears in order to promote the efficient transfer of rural land and alleviate many problems in the transfer of rural land in China.With the development of the intermediary organization of rural land transfer,to some extent,it has played a role in promoting the transfer of rural land in China.But in the specific practice of the intermediary organization of rural land transfer,the establishment of the intermediary organization of rural land transfer is more arbitrary.Due to the imperfection of the relevant system,there are many problems in the establishment of the intermediary organization of rural land transfer.The purpose is to run through the key elements from the establishment to the operation of an organization.The vague purpose of the intermediary organization of rural land transfer leads to the confusion of its functions with other intermediary organizations of rural land.The intermediary organization of rural land transfer is generated to promote the circulation of rural land resources.Its purpose should be clear to realize the optimal allocation,moderate scale operation and intensification of rural land resources,To coordinate the interests of the main body of land transfer and solve the dilemma of information inequality.The intermediary organization of agricultural land transfer appears in the market in various forms,which can be divided into three types:government led,market derived and farmers(collective)self-developed.Some forms are set up at random,even lack of legal legitimacy.Therefore,it should be made clear by legislation that the intermediary organization of agricultural land transfer is set up in the form of enterprise legal person and partnership.Although the general principles of civil law,the company law and the partnership law have all made requirements on the establishment conditions of an organization,the general establishment conditions can not meet the special requirements of China’s rural land transfer intermediary organizations.Although some local laws and regulations and local government rules also stipulate the establishment conditions of rural land transfer intermediary organizations,with the era of big data.The scope of farmland information provided by the intermediary organization of farmland circulation is related to the whole country.The regional scope of its establishment and management regulations is too narrow,and the level of legislation is low,which can not play a good regulatory effect.According to the particularity of rural land transfer intermediary organization,we should standardize its establishment conditions by the upper law.At present,in the establishment procedure of agricultural land transfer intermediary organizations in China,the registration procedure and the filing procedure are only subject to formal review and the filing system is not standardized enough.There is no unified filing review requirement in the country,which makes the filing rate of agricultural land transfer intermediary organizations low and does not play a substantive role.Our country should establish the examination and approval system for the intermediary organization of farmland circulation,so that the government can reasonably control the number of intermediary organizations of farmland circulation in the market and adjust the regional distribution of intermediary organizations of farmland circulation.Therefore,the research on the establishment system of agricultural land transfer intermediary organization has strong practicality and theory.Through the detailed summary and effect analysis of the current situation of the establishment of the intermediary organization of farmland circulation,the design of the establishment system of the intermediary organization of farmland circulation in China is improved.
Keywords/Search Tags:Farmland transfer, intermediary organization, establishment system
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