The Research On The Legal Nature Of Investing Management Rights Of Agricultural Land In Specialized Peasant Cooperatives

To accurately define the legal nature is the design premise and foundation of the legal system of investing management rights of agricultural land in specialized peasant cooperatives.The in-depth research on the legal nature of investing management rights of agricultural land in specialized peasant cooperatives, will not only to overcome the legislation of lost and the defects of the system of investing management rights of agricultural land in specialized peasant cooperatives, and can make a normative guidelines for correct understanding of specialized peasant cooperatives’ nature of property rights and right category for this land.Legal system design is not a pure legal study, in this study, it may be related to the political science, economics, sociology and so on. The meaning of "three powers separation" policy is to maximize the protection of farmers’ land rights and interests, make the agricultural land management right realize the real independence, make specialized peasant cooperatives for agricultural land achieve a greater range of circulation and more efficient configuration provides the convenience. This paper puts the legal nature of investing management rights of agricultural land in specialized peasant cooperatives as the research proposition, the focus is: With our land system of "three powers separation", how to better protect management rights of agricultural land invest in specialized peasant cooperatives from the legal mechanism, improve land use efficiency and benefit, promote the reform of agricultural supplyfront, maximize realize the interests of farmers and the specialized peasant cooperatives.The first chapter of this paper, part of the preface, from the practical problem of investing agricultural land in specialized peasant cooperatives, notes: in China, the problems of the farmers’ income relative poverty, in fact, should also is land rights. Frankly, at present, our legal system construction of "three powers separation" obviously inadequate. The lack of specific legal norms to adjust the system of investing management rights of agricultural land in specialized peasant cooperatives, inevitably resulting in the distorted practice operation. We should fully respect the intentions of "three powers separation" policy, explore the legal nature of management rights of agricultural land, make full use of the theory of property rights and creditor’s rights, explain the problem of rural land system, improve the relevant legal system, further liberate and develop productive forces in rural areas.The second chapter of this paper, respectively, from the three angles of the management rights of agricultural land, investment and the specialized peasant cooperatives, summarize and combing the legislative situation of the investing management rights of agricultural land in specialized peasant cooperatives in our country. It is pointed out that when the "three powers separation" policy and laws do not promote each other, what’s the impact of farmers, specialized peasant cooperatives, rural land circulation and even agriculture and rural social development. The "three powers separation" policy, as a great innovation of the reform of the rural land system, there is reasonable necessity and urgency in the development process legal and economic society.In the third chapter, through sorting out and analyzing the theoretical views of the legal nature of investing management rights of agricultural land in specialized peasant cooperatives, it was found that on the dispute of the legal nature of investing management rights of agricultural land in specialized peasant cooperatives, mainly focused on four kinds of theories, respectively, credit transfer of farmland management, property rights transfer of farmland management, equity transfer of farmland management and the farmland management rental. Again after a further comparative analysis found that this focus is actually on farmland management right is real rights or creditor’s rights in the nature. In this regard, the author respectively discusses the ideal state and the real state of the legal nature.The fourth chapter of this paper, firstly, in the premise of the analyzes of the third chapter, and supplemented by the perspective of comparative law, appropriate reference part of the extraterritorial legislation and practice, from the real dimension of farmland management right, discusses the rationality and feasibility of property rights transfer. Then from the dimensions of the legal status of the farmers’ professional cooperatives, after analysis and conclusion farmer specialized cooperatives is a special enterprise corporation in the association corporation, and further pointed out the feasibility of farmland management right circulation.In the fifth chapter, on the basis of determining the legal nature of investing management rights of agricultural land in specialized peasant cooperatives is property rights transfer, consummate the relevant legislation, specifically including: the prerequisite and achieve conditions of investing management rights of agricultural land in specialized peasant cooperatives, farmers and farmers’ professional cooperatives how to share the benefits of the management rights of agricultural. This paper pointed out that the premise of implementation of investing management rights of agricultural land in specialized peasant cooperatives is the property rights of rural land management right, we should as soon as possible establish and improve the relevant legislation, through the improvement of farmland management right registration publicity and other supporting reform system design to achieve the effective circulation of land management right, improve land use efficiency and effectiveness.The last part of the article, which is the conclusion part, mainly based on the previous chapters, summarizing and refining the main points of this paper, and showing the selected topic and research significance of this paper.