A Study On The Legal Problems Of Rural Land Contractual Management

China is an agricultural country, 2/3 of whose population depends on the land. Revitalizing rural land, as well as developing rural economy, is a hot issue that our government has always been concerned about. Besides, it is a difficult problem. In terms of the shares in the rural land contract and management rights, the development of productivity continues to make breakthroughs. However, along with the development of economy meanwhile, it is essential to ensure that the farmers’ social safety. Furthermore, the development of the rural social stability and Chinese based agriculture will be guaranteed.A lot of researches on rural land contractual management have been done, and most scholars agree with the thought to combine the practical experiences with the rural land contract and management rights and form a set of feasible theoretical achievements. But in practice, there still exists conflicts between the rural land contract and management rights shares limited liability company in the existing legal system. The conflicts are reflected in the following situations. Firstly, in the "company law", there is no relevant provisions of the shares of agricultural land, and it lacks clear evaluation criteria. And the current development of company equity circulation and dividends restrict the development of land contract management right. Moreover, in the "Rural Land Contracting Law", the legal provisions for the durations of the Right to Land Contractual Management limit the development of the company, and the Share transfer system violates the people of a company, which does harm to agricultural productivity. Furthermore, in the aspect of the social security system, for farmers, becoming a shareholder will be faced with the risk losing the land, and the social security mechanism is not perfect, which makes the farmers face the risk of scale of land management.In 2015 March, in his government work report, Premier Li Keqiang once again proposed to cultivate and create the new motivation to develop economy and society. China is a vast rural market, which contains endless new impetus to the economic development and new markets. It has made its way in the practice of the right to land contractual management. What we need is to constantly improve relevant theory as well as to continuously integrate the theory and the practice. Based on the maintenance of agricultural land use, the article is to put forward several suggestions on the "Company Law” and " Rural Land Contract Law”, in order to protect the interests of farmers. The followings are the main points. Firstly, in terms of the “company law”, the rural land evaluation system should be constructed. In this way, land administration department would be able to exchange information with evaluation agency. The restriction to the equity transfer of agricultural company should be gradually released. And agricultural company laws should be formulated by relevant agencies. In terms of “rural Land Contract Law”, in order to meet the needs of marketplace, the duration of running agricultural company should be flexible. To improve the rural social security system, the integration of urban and rural social security system should be integrated, and the agricultural insurance system should be improved as well. And it is also important to prompt the legal protection of the interests of farmers.