Study On Equity Of Land Contractual Management Right

"Land is the foundation of survival", it is the basis for Chinese people to produce and live, but also a special symbol for China as a powerful agricultural industry country. Even if the present urbanization process is accelerated, country continues to encourage the integration of urban and rural areas to the direction of development, the problem "agriculture, rural areas and farmers" remains one of the challenges we need to overcome in the country’s long-term development. In recent years, China’s central policy focuses on intensify reforms, including the land contracting right of management circulation and other series of problems have always been hot and difficult issues in legal academic research. Capitalization stock right of the land contracting management rights is one of the land transfer modes based on the land contracting management rights system, a new way in rural areas the land contracting right of management circulation. This new system plays a great role in the optimization of land use and market-oriented agricultural development. but there is relatively little academic study of the system, for the structural design of this system is also controversial. The author found that the key issue of the contracted management of land capitalization stock right is how to build the system. With the basic theory of civil law and the cooperative law, based on the provisions of relevant laws of our country and around the central government’s policy on rural land reform and practice, this paper discusses the farmers’ contracted management of land capitalization stock right of the basic theory issues and practice problems. This article is expected to start from the following three chapters to study the capitalization stock right to the contracted management land system.The first chapter, the right to the contracted management of land capitalization stock right value proposition. On the basis of the scholars’ different understanding of the concept of capitalization stock right that the connotation of the right to the contracted management of land capitalization stock right should be defined as:the right to the contracted management of land insists on the premise of the collective ownership of land property and the right to the contracted management of land joint-stock cooperative shareholding rural cooperatives, or be acquired by means of household contract way other than a stake in the company the right to the contracted management of enterprises, so as to achieve the equity investment cooperative enterprise or company to gain profit distribution system of land circulation. It summarizes the academic circles different views about the properties of the right to the contracted management of land capitalization stock right, as the property rights transfer theory, the Creditor’s rights transfer theory and the stock right transfer theory, also expressed author’s approval opinions and put forward the household contracted management capitalization stock right ought to be the cooperative’s point of view. With the foundation of the value concept of fairness and efficiency, has analyzed the farmers’ right to the contracted management of land capitalization stock right legal value, put forward the problem to building the legal system of the right to the contracted management of land capitalization stock right is focused on the special relation of the farmer and land dependency, and should be based on the fair value to building and improving the efficiency value for the target system.The second chapter, the related laws, regulations and the basic principles of the right to the contracted management of land capitalization stock right. First of all, according the laws, part of the regulations, local regulations and policies of the state and so on to summary the status of legal regulations of right to the contracted management of land capitalization stock right, found that the regulation of our country law of right to the contracted management of land capitalization stock right remaining more loopholes and shortcomings, so strengthen the research on difficult problem of this system, give theoretical support for the inheritance and development of land contracted management capitalization stock right is what we have to do. Second, due to the contracted management of land investment is recognized as one way of the right to the contracted management of land circulation, so according to the integrate principle of the contracted management of land circulation, sum up out the principles of philosophy of the right to the contracted management of land capitalization stock right system should be adhered to.The third chapter, the difficult problem of the right to the contracted management of land capitalization stock right. This part is the focus research object of this paper, it is divided into the content of the right to the contracted management of land investment, land contract and management rights in pricing and its status in the cooperative property of time limitation on its capitalization stock right to the contracted management and such problems. First of all, about the content of the right to the contracted management of land capitalization stock right, put forward in the general case, it should be refers to the management of investment, investment farmers still retains the right to contract land; However, there is an overall stake in view, in certain conditions, through the collective agreements, it also can not be distinguished between consulting contract and management rights, but take a stake in the whole land contract and management rights. Secondly, when the contracted management of land investment valued, it shall be according to the differences of investment contents and adopt different evaluate standards, in the management can become a shareholder, refer to the contracted management of land rental price for; In the contracted management of the overall investment, should refer to the price of contracted management of land transfer. After the contracted management right of land in the shares of cooperatives, the distribution of the benefits, mortgage, bankruptcy and liquidation and other series of problems, the author proposed the following points through the research:Firstly, out of consideration for the social security function of land, the interests of the right to the contracted management of land capitalization stock right allocation can be implemented a combination of allocation rules "minimum guarantee income" and "floating interest dividends"; Secondly, in the case of allowing land mortgage, based on the consent of farmers, the cooperatives can get their land management rights; Thirdly, no matter from the perspective of social security or from property right structure analysis, the right to the contracted management of land is not suitable for bankruptcy liquidation property into the cooperative, the author agrees to give the farmers’equal right to repurchase’ approach. The author discusses the long-term of the contracted management right to the contracted management of the impact of capitalization stock right and the right to the contracted management of land problems, and puts forward ideas how to deal with, it provides a theoretical expectations to the development of the right to the contracted management of land capitalization stock right system.