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Title Study Legal Issues Of Investment Of Land Contractual Management In The Farm Specialized Co-operatives

Posted on:2013-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:X N SheFull Text:PDF
GTID:2219330374963099Subject:Economic Law
Abstract/Summary:PDF Full Text Request
During the fifth plenum of sixteen sessions for Chinese communist party, an historical task was proposed to comprehensively promote the construction of a new socialist countryside. This historical decision, which is considering the overall situation and looking to the future with the times, will benefit our country hundreds of millions of farmers and retain the long-term stability of our country, which is important and urgent mission for us to complete during comprehensively promote socialist modernization. The transform of right to land contractual management as a shareholder is a breakthrough to solve the "three rural" issue in China. In this paper, through study the theory of right to land contractual management as a shareholder and the practices of this, the feasibility of the right to land contractual management as a shareholder was studied, which is provided reasonable and feasible theory basis; meanwhile, the three practice patterns:rural land contractual management as a shareholder of stock cooperative enterprises, rural land contractual management as a shareholder of joint-stock company and rural land contractual management as a shareholder of farmers'professional cooperatives, were analyzed in detail, among them the third one is the feasible pattern in present. The actual obstacles and legal difficulties of this pattern were analyzed, related countermeasures and suggestions were proposed. In accordance with the thesis research ideas, the research is organized as follows:The first part is the introduction, first introduced the contracted management right of rural land in the circulation background, the contracted management right of rural land is on the move the main meaning of the meaning.The second part is the land contracting right of shares transfer theory analysis. Defining the contracted management of land ownership shares of the relevant concepts. On the circulation of rural land contracted management right of legal analysis. Analysis of the rural land contract and operation right in essence. Based on the theory analysis, laid the foundation of the current rural land contracted management right transfer of shares system theory.The third part is our country on land law and policy guidance. Listed in the current law:the Constitution and constitutional documents, laws, local regulations, rules and regulations; and the Chinese Communist Party's Sixteenth Central Committee Third Plenary Session passed" about promoting a new socialist rural reform develops certain major issue decision".The fourth part is the analysis of the mode of three kinds of practice. The contracted management right to the land in the circulation of three practice models:the contracted management right of rural land stock cooperative joint-stock enterprises; the contracted management right of rural land into joint-stock companies; the contracted management right of rural land becomes a shareholder farmer professional cooperatives. Carried out a detailed analysis on the contracted management right of rural land, in farmer professional cooperatives to present practical mode.The fifth part is the legal obstacles and realistic dilemma. On the contracted management right of rural land in the current practice of farmer professional cooperatives in has carried on the detailed analysis, point out its circulation process in the presence of a series of obstacles and difficulties.The sixth part is the countermeasure proposal. In the fifth part of the contracted management right of rural land in practice on the basis of analysis to find out the basis of the transfer process in the presence of a series of obstacles and difficulties, puts forward the countermeasures and suggestions.
Keywords/Search Tags:Land contractual managmengt rights, Invest in, Farmer specializedco-operatives
PDF Full Text Request
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