Research On The Legal Issues Of The Limited Liability Company Of The Land Contract Management Right

China’s rural land system has always been the economic system "Heartbeat" is located. The implementation of the household contract responsibility system with remuneration linked to output is a contract "to increase the output of belonging to the farmers", which greatly glow farmers’ enthusiasm for production, the liberation of agricultural productivity, promote the rapid growth of the rural economy. However, with the gradual deepening of the market economy, in particular, with China’s accession to the WTO, the limitations of this peasant-style contracted management of rural agricultural production business model has become increasingly prominent, even for modern rural development had hampered. Faced with the status quo accounted for 22% of the world population, need to be solved in the face of the "three rural" issue, the face of increasingly scarce land resources, land reform, China has become extremely urgent and important. In recent years, the central attaches great importance to the construction of rural land market, and actively explore effective path to new agricultural system development. Farmers with land contract and management rights shares, so that farmers can increase revenue, but also promote agricultural scale, and increase their professionalism and democratic management awareness, so that farmers can really share the great achievements of reform and development.The current land contract and management rights shares on the study of this reform, most scholars agree that institutional innovation, and pointed out a lot of useful reform. In practice, the shares of agricultural land reform experiment is in full swing around, and has formed a business mode such as soup, Kirin mode representative of agricultural land shares practice mode, and effectively improve the farmers’ income, improve farmers’ life. Reform and Institutional Change land contract management rights transfer shares involved, it is a complex legal system, political, economic and social systems engineering, need to continue to perfect the theory so as to theory to guide practice and promote the orderly working of shares development of.From the basic problem of land contract and management rights shares limited liability company begins analysis from various angles legal, economic, social and other demonstrates the necessity and feasibility of the system innovation. According to China’s land contract and management rights shares Limited related practical experience, analysis of the limited liability company shares three typical model their achievements and shortcomings, and further demonstrates the current conflict in our country where agricultural land and shares practice the existing legal regime, manifested in:in the company’s legal system, the law clearly conflicts or no presence in the land contract and management rights shares of agricultural companies to enter the mechanism, governance and exit mechanisms; land legal system, the law for the provision of land contract period is not conducive the company’s long-term planning and development, on the share transfer restrictions hindered the company’s market-oriented agricultural operations, and "shares not transferred the land contract and management rights." this provision is not conducive to the company’s dissolution and liquidation work effectively carried out; the right legal system regard, my "property law" does not expressly granted the right to land contractual management rights as the investment shares of the company, so that the agricultural land shares whether justified the existence of the dispute, for the law on land contract and management rights cannot be secured directly limit the company’s financing ability to land contract and management rights shares without forcing the company registration provisions is not conducive to the exercise of the rights of other shareholders and creditors of the company, there is a big legal risk.Finally, based on the relevant issues previously raised under the guidance of the policy put forward the basic principle of land contract and management rights shares limited liability company to be followed, including insist shares land-agricultural use principle, adhere to stake the principle of freedom of farmers and adhere to principle of local conditions. In order to protect farmers ’shareholders’ equity as a starting point for the above-mentioned legal problems made specific improvement recommendations, including:the company’s legal system, take the expanded interpretation of legal principles of interpretation allows the land contract and management rights stake in the company, to take the establishment of Shareholders It will replace the numerous farmer shareholders exercise their co-usufruct shareholders and the introduction of the trust holdings to resolve legal problems the number of shareholders limited provisions farmer shareholders bear capital contribution flaw joint responsibility shall be the "presumption of fault principle" as a prerequisite to promote farmer shareholders do to non Examination obligation monetary contribution; land legal regime should be liberalized restrictions on agricultural companies operating period, the scope of the equity transfer relax; in the Property legal system, directly from the clear legal provisions can be shares, given its legal legitimacy liberalized restrictions on land contract and management right mortgage, clearly stipulated that the land contract and management rights investment shares must be registered in order to promote the right to land contractual management shares standardization through legislation.