| The ownership of land management rights has been continuously improved and developed in deepening the reform of the rural land transfer system.As shareholders of land management rights,farmers are often at a disadvantage in democratic decision-making and market management.In legislation,the attribute of land management right is vaguely defined;in reality,there is a lack of evaluation institutions for the value of land management right;in order to maximize economic benefits,the transferee deprives farmers of their rights in disguised form in the process of cooperative management;Weakening farmers’ independent right to choose and forcibly promoting farmers’ shareholding phenomenon.For various reasons,the legitimate rights and interests that farmers should have enjoyed when they invested in shares were infringed to varying degrees.The shareholding of rural land management rights is different from other land shareholdings.It involves the rights and interests of farmers’ basic living security,and it is urgent for the law to make detailed provisions on the rules of shareholding and circulation.How to effectively promote farmers to improve land use efficiency through the transfer of land management rights,and effectively protect the legitimate rights and interests of farmers’ shareholders,is an important issue to achieve high-quality rural economic development under the rural revitalization strategy.Apart from the introduction and conclusion,this paper is mainly divided into the following four parts.The first part mainly expounds the basic theory of the protection of farmers’ rights and interests in the ownership of land management rights.The first is to analyze the connotation of land management right as a shareholding.In practice,the scope of ownership of land management rights has been further expanded.The right holder’s acquisition of "land management rights" is no longer subject to membership in a collective economic organization,and the transferee of land management rights can also become the subject of the exercise of rights.The second is to distinguish and analyze the legal attributes of the land management right’s share transfer.At present,the mainstream views on the nature of the transfer of land management rights are creditor’s rights theory and property right theory.Since land management rights are established on the basis of land contractual management rights,it is more beneficial for contractors to identify land management rights as independent usufructuary rights.The protection of farmers’ land rights and interests can also encourage market operators to make long-term and stable investment in land.The third is to analyze the scope of protection of farmers’ rights and interests.The rights and interests that farmers enjoy after transferring their land management rights by way of shareholding include not only the rights and interests of land contractors extended from their special status as members of rural collective economic organizations,but also the rights and interests of shareholders as stipulated in the Company Law.Finally,in terms of normative intent,the protection of farmers’ rights and interests in equity participation is not only conducive to improving the legal expression mechanism of farmers’ land rights and interests,but also actively promoting the implementation of the rural revitalization strategy.The second part analyzes the status quo of farmers’ rights and interests protection in A County,Henan Province.In County A,the procedures for the implementation of land management rights and shareholding were chaotic.In order to achieve the goal of large-scale operation,some grass-roots governments acted beyond their powers,and illegally replaced farmers to sign equity contracts to deprive farmers of their free choice.Ambiguous,the exercise of the right to remedy is not smooth.At the same time,the transferee,as the main body of market operation,unilaterally pursues economic interests,underestimates the value of farmers’ land when investing in shares,and deprives farmers of their right to participate in management in disguise,resulting in a decline in farmers’ enthusiasm for equity participation and deviating from the value goal of "separation of powers".Compared with other types of land investment at this stage,there are problems such as no price,no market,and no legal guarantee of equal status in the transfer of rural land management rights,which leads to the damage to the rights and interests of farmers’ shareholders.The third part mainly analyzes the reasons for the damage of farmers’ rights and interests in the land management right.Through the analysis of empirical research and existing theoretical research results,it is found that the legal relationship of the current land management rights is relatively complicated,and the law has not made corresponding regulations for the new transfer subjects that appear in practice.There is a lack of reasonable regulation in the shareholding procedure.The analysis from the source shows that my country’s existing land management right confirmation system needs to be improved,and the development of the rural land transaction market is not yet mature,which limits the full realization of farmers’ land property rights and interests.In terms of the supporting system for shareholding,in practice,professional intermediary organizations that guide farmers to invest in land management rights are relatively scarce.The service quality and level of existing intermediary organizations are uneven,and they cannot provide farmers with professional guidance services.In addition,due to the lack of smooth diversified dispute relief mechanism in practice and the lack of effective mechanism connection between the litigation and non-litigation procedures,the relief is not in place when farmers’ profits and losses are damaged.The fourth part proposes the realization path of the legal protection of farmers’ rights and interests in the land management right.With the goal of protecting farmers’ land rights and interests and promoting rural revitalization,combined with my country’s national conditions and the useful experience summarized in the research,it is recommended to improve from the following aspects: First,clarify the legal subject of land management rights.Include various new types of circulation entities into the scope of legal adjustment,clarify the boundaries of government rights and responsibilities,and prohibit them from using public power to interfere with farmers’ shareholding activities.The second is to improve the procedures for acquiring land management rights.Urge rural areas to speed up the confirmation and registration of land management rights,and pay attention to the publicity of farmers’ land rights.In order to further increase the enthusiasm of farmers to participate in land management rights,the Company Law can clearly give farmers preference shares to reduce farmers’ management risks,and encourage local governments to carry out the evaluation of the value of rural land management rights,and improve the risk mechanism for evaluating the value of land management rights.The third is to improve the supporting system for the ownership of land management rights and smooth the relief channels for farmers’ rights and interests.Strengthen the awareness of the main responsibility of intermediary service organizations,improve the level of guidance services,and reduce the risk of circulation.Do a good job in the effective connection between grassroots mediation and judicial relief,explore a diverse and effective dispute relief and resolution mechanism,and provide more complete legal protection for farmers’ rights and interests. |
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