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

Posted on:2016-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:S X ZhaoFull Text:PDF
GTID:2309330482465400Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with our country to build a well-off society in an all-round way, the construction of new socialist countryside, the problem of agricultural and rural farmers has become the focus of people’s attention. The eighteen major party is the "three rural" issues raised to an unprecedented height, proposed to solve the "three rural" issue as a top priority of the work of the whole party, that the integration of urban and rural development is the fundamental way to solve the three rural issues. Farmer problem is an important problem in social development of our country, and the core of the problem of farmers is the problem of land, the land is of great significance to the whole nation. The tube once said:"the earth, the origin of all things, the students also root wan." Land is the most basic production information and the most reliable life support, in our country current situation, the land is still the survival of farmers.Therefore, solving the problem of rural land is the core of building a new socialist countryside, building a well-off society in an all round way and realizing the integration of urban and rural areas. Solve the "three rural" issue, from the short-term perspective to the development of rural economy and even the entire national economy sustained and stable, in the long run, is conducive to rural social harmony and stability as well as the whole country social harmony and stability.It is because of the importance of "three rural" issues to the whole national economy development and the country’s emphasis on "three rural" issues, and the key to solve the "three rural" problem is to solve the problem of rural land, so more and more experts and scholars began to explore the problem of rural land. This paper also carries on the ponder and the exploration under this background.This paper is divided into five parts. First, from the theoretical aspects of rural land contract and management rights of the relevant basic knowledge, and to emphasize the rural land contract and management rights of shares of the transfer of the entire national economic development. Secondly, this paper analyzes the feasibility of the rural land contract and management rights from the perspective of economic and legal system. Third, this paper introduces the practice of rural land contract management right transfer in China before the main three modes, namely, the joint-stock cooperative system, the farmer professional cooperative system and limited liability company, and the advantages and disadvantages of the three models. Fourth, at present, the legal obstacles that the company is facing with limited liability company in rural land contract management rights, which is mainly related to the conflict between current law and company law. At last, this paper makes some thinking about the reasons of restricting rural land contract and management rights in the limited liability company from the perspective of objective reality and legal system, and puts forward the suggestions of five aspects.The mode of the limited liability company of the contracted management right of rural land is not systematic in our current laws and regulations. Therefore, it is very important to study the problem. Because of the problem of rural land contract management rights investment shares limited liability company is a systematic and complex work, the thinking and suggestion about the problem in this paper is not comprehensive. In the future, it will be further to think about the study, in order to help the relevant legislation of rural land in the future, for the early settlement of the "three rural" issues, the early realization of a comprehensive well-off society and the structure of urban and rural integration contribution to a force.
Keywords/Search Tags:Rural Land Contract Management Right, Shares, Company, Research
PDF Full Text Request
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