| It was mentioned in the report of the 20 th National Congress that "the most arduous and arduous task of building a socialist modern country in an all-round way is still in the countryside".The issue of rural land has always been the core issue of concern to our government.In order to solve the problem of land fragmentation caused by the household contract responsibility system,the Central Committee of the Communist Party of China(CPC)proposed a "three rights split" reform,with the core being to liberalize land management rights,endow them with the power to freely circulate through means such as equity participation,and thereby achieve a moderate scale of agricultural land management.On the premise that the direction of reform has been basically clear,the Civil Code approved in 2020 has added relevant provisions on "land management rights",marking the transformation of the "three rights separation" policy for contracted land into legal norms.At the same time,various regions have also carried out pilot work on land management rights and obtained certain results.However,the practice of acquiring land management rights into companies in China still faces the problem of too much "policy oriented" and insufficient "legal oriented",which leads to conflicts of interest among interested parties in acquiring shares and hinders the smooth implementation of the work of acquiring land management rights.Therefore,studying the legal issues related to the acquisition of land management rights into companies is of great significance for the development of modern agriculture.Under the background of the policy of "separation of three rights",this article uses the research methods of historical analysis,empirical analysis,and normative analysis to study the legal issues of land management rights in companies in China.In addition to the introduction,this article is divided into four parts.The first part is the general theory of land management rights in companies.Firstly,this paper analyzes the relevant concepts of land management rights in companies,and discusses its legal nature in combination with the policy intention of "separation of three rights".Then,it analyzes the theoretical basis for land management rights to participate in companies from both policy and legal aspects,and finally analyzes the practical significance of land management rights to participate in companies.The second part is the practical exploration of China’s land management rights into equity companies.Firstly,it points out the unique advantages of limited liability companies as equity carriers through comparison,and then analyzes the land management rights equity models in the main pilot areas,summarizing their successful experiences and challenges.The third part is about the legal issues existing in China’s land management rights equity companies.The evaluation of the value of land management rights during the company establishment stage and the limited number of shareholders;Profit distribution and voting rights of farmers’ shareholders during the company’s operation stage;The disposal of land management rights in the stage of shareholder withdrawal and company liquidation;The fourth part is suggestions on improving the legal issues of land management rights in companies in China.Firstly,when a company is established,the land circulation service center should use the "income method" to evaluate and price the land management rights,and the "farmers+professional cooperatives+agricultural companies" shareholding model can solve the problem of limited number of shareholders;Secondly,in the operation of the company,it is necessary to adopt the "preferred stock system+performance guarantee insurance" to protect the minimum income of farmers’ shareholders,and grant farmers’ shareholders the right to vote in special circumstances;Finally,farmers’ shareholders can withdraw from the company by transferring land management rights to other members or exchanging plots of land.Moreover,when a company enters liquidation,it should incorporate land management rights into the company’s responsible property,and establish a land management rights repurchase system on this basis. |
