| "The land rights are vital to human beings." The system of rural land has an important impact for peasants on the right of live and the right of develop. With the development of the agriculture industrialization, the Contractual Right of Rural Land, which was an accelerator, is now an obstacle for the development of rural area. Therefore, how to perfect the transference of the Contractual Right of Rural Land is one of the most important tasks in both the academic circle and the practice world.It is recognized in the academic circle that land is still what peasants live on in our country. Therefore, both the academic circle and the empirical study confirm the fact that the rational design and the sound implementation of the land system are fundamental to solve the "Village, Agriculture and Peasant" issues. In the practice world, Chongqing Administration Bureau for Industry and Commerce promulgated "the Direction on All-round Implementation for the Spirit of the Third Chongqing Representatives Congress of CPC and Balancing Urban and Rural Development"([2007]No.17) in June 2007, which provides that complying with the certain use of the land and having the approval by the district or county government, the Contractual Right of Rural Land is permitted to be used as contribution to the limited liability company in the mature condition district, during the period of the Contractual Right of Rural Land. This document has been arousing different opinions. Under the dual system of society and economy, the Contractual Right of Rural Land has the nature of social security which is attributed to the lack of rural social security system. Under such social background, this article will set "using the Contractual Right of Rural Land as the contribution to the limited liability company" as the object of research.The innovation of this article is that: firstly, using the methods of statute textual analyses and sample analyses to find out the crux of the problem between the contribution function of the Contractual Right of Rural Land and its social security nature; secondly, re-analyzing the content of the Contractual Right of Rural Land and arranging the content of its contribution function so as to construct the law system of the company contributed by the Contractual Right of Rural Land. The purpose of this article is to give a new comprehension of the Contractual Right of Rural Land and to give some advices to the theory and practice of the Contractual Right of Rural Land.This article is composed by six parts, having about 36000 words. The main structure and content are as follow:Forward: This part generally introduces the research background, current achievement of the academic research and the object, method and purpose of the research.Part One: The review of the current transference of the Contractual Right of Rural Land in our country. At the beginning, this part gives a brief introduction of transference of the Contractual Right of Rural Land. Then it puts emphasis on analyzing its law evolution. As a conclusion, the law attitude on the transference of the Contractual Right of Rural Land is still restricted now, which experiences a course from "forbidden to gradually open" and the law attitude on its. contribution function is negative. Finally, it gives an introduction and comment on the patterns of transference in rural area which use the Contractual Right of Rural Land as contribution.Part Two: The generality of the contribution function of the Contractual Right of Rural Land. Firstly, it clarifies that the substance of the contribution function of the Contractual Right of Rural Land is to separate the right and the capital goods. It means that the peasants have the stock-ownership and the company has the property right of the Contractual Right of Rural Land. Secondly, it explains the reason why the law restricts the Contractual Right of Rural Land from transference is attributed to the dual natures (the property nature and the social security nature). Thirdly, it discusses the necessity of the contribution function of the Contractual Right of Rural Land. Fourthly, it discusses the feasibility of the contribution function and indicates that the contribution function embodies the constitutional rights, matches the content of real right for use and keeps harmonious with the corporate law.Part Three: The analysis of the [2007] No.86 document. Taking No.86 document as a sample, this part presents the regulations on the use of land, the arrangement of shareholders' number, the transference of shareholding and the corporation government and summarizes the principles of No.86 document as maintaining rural land system, down-holding the risk of peasant shareholders, protecting the transaction's safety and preserving the harmonious of the law system. Generally speaking, on one side, No.86 document which regulates the industry and commerce administration procedure of the company contributed by Contractual Right of Rural Land as the first document, promotes the development of the transference function of the Contractual Right of Rural Land; on the other side, influenced by the current law attitude, No.86 document has its own limitation as it limits the further transference of the Contractual Right of Rural Land.Part Four: The constructions of law system on the contribution function of the Contractual Right of Rural Land. This part is divided into two sections. In the first section, it explains the property right on the contribution of the Contractual Right of Rural Land and re-explains the structure of the Contractual Right of Rural Land. Then it is analyzed that the Contractual Right of Rural Land has two sub-rights: property right which can be transferred as contribution and receiving social security right which can not. In the second section, on the bases of the explanation forward, under the principles of enforcing the interest of the peasant shareholders and protecting the transaction's safety, it constructs the law system of the company contributed by the Contractual Right of Rural Land, including the contribution system, the exit system, the corporation government and compelling agriculture insurance.Conclusion: This part emphasizes the key points of this article. Under the background of the dual system of society and economy and the lack of the rural social security system, this article re-explains the right structure of the Contractual Right of Rural Land which can effectively solve the contradiction of its dual natures and the need of its transference, in the purpose of promoting it entry the capital market and developing the capital benefit of rural land, in the purpose of forming and developing the second transference market of rural land. |
PDF Full Text Request