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

Land system has always been a basic system of the country,which is the core system to solve the problems of Agriculture,Rural areas and Peasantry.At present,the forms of land ownership in China include all state and collective ownership.Under the ownership system,farmers can enjoy the right to land contract management without land ownership,and the land using right is restricted so that the land resources can not be fully utilized.It is a key link that realizes the reasonable circulation of land contractual management right and makes the "dormant capital" invigorated to solve the rural problems.The proposal of "three rights division" provides a new way of thinking to improve the system of rural land contractual management right.In recent years,the practice of the right to land contractual management companies,joint-stock cooperative enterprises and farmers’ professional cooperatives continue to emerge.However,the right to the contracted management of land investment mode practice exists different degrees of institutional obstacles.Based on the study of the legal issues of the farmers’ professional cooperatives,this essay summarizes the problems existing in the practice and puts forward the legalization of the right to transfer the shares of the land through the system.Then the legalization of the peasant professional cooperatives is embodied,the land contracting management right is standardized and the bankruptcy system of the farmer cooperatives is clear.Besides the introduction and conclusion,this essay is divided into four parts.The first part is the general problem analysis.This section introduces the origin of Contractual right of Rural Land and the latest development dynamic.Then the nature and characteristics of the farmer’s professional cooperatives will be discussed.In the end,the essay introduces the theoretical basis of the right to land contractual management.The second part is the analysis of practice of shares.This part of the land contract and management rights of the shares of the three practical models will be analyzed one by one.Firstly,this essay introduces the mode of joint-stock cooperative enterprises and analyzes some problems inherent in the mode of existence.Secondly,followed by the introduction of the limited liability company model,the model analysis finds that although there are merits,it also easily leads to the problem of landless peasants.Finally,it introduces the mode of farmer cooperatives,which is to analyze the advantages and disadvantages of the system mode and comes to the conclusion that the model is more suitable for the present stage of the development of agricultural land shares conclusion.The third part is the analysis of legal system barrier.This part elaborates the following four questions.The first one is the lack of legal system of transfer of shares rights.The second one is the lack of professional cooperatives capital formation system.The third one is the lack of price evaluation system of land contractual management rights.The last one is the lack of professional cooperatives bankruptcy system.The fourth part is the suggestion of perfecting the system.Based on the analysis of the current situation,this part tries to put forward the corresponding countermeasures and suggestions for the third part.First,it is necessary to determine the nature of the land contract management rights and further through the transfer of shares after the corresponding rights legislation.Second,through the refinement of members of the form of funding and the provisions of professional cooperatives minimum registered capital and non-monetary capital ratio,it can improve the cooperative capital of the system.Third,by the establishment of professional land assessment agencies and assessing regulations of the pricing standard and determining the guiding price mechanism,price evaluation system of the land contractual management rights will be improved.Fourth,through the provision of ‘occurred transaction but not settled payment standards’,the establishment of rural land management rights transfer service system,improving agricultural insurance and rural social security system and making the farmer cooperatives bankruptcy system clearer.