중국 농촌토지수급경영권 주식산입(入股)에 대한 법적 검토

Abstract

Land is not only the basis of agricultural development ,but also protect the lives of farmers, improve the land system in China relate the three rural issues resolved. With the change in micro economic foundation of agriculture and macro social environment,the limitation of the household contract responsibility system appeared gradually, which preventing the farmers access to the expected benefits and restricting the further development of agriculture. Recently, the land property right reform mainly focuses on establishing new mechanism of land transfer, promoting agriculture industrialization and large scale management. In order to fully utilize rural land and obtain the largest profit for peasants, a t present, some regions of China carry out the policy for making rural contracted land use rights become a shareholder of an enterprise. The rural land joint-stock cooperation system was a form of institutional innovation of farmland circulation system at the certain historical period. It enriched the connotation of the household contract responsibility system and showed a great significance to achieve large-scale management and agricultural modernization. Therefore, on the one hand, the experimentation is the orientation of the future land reform, on the other hand, the auxiliary measures shall be explored. Because China does not have matched laws and regulations, Especially, thorough land reform can basically solve all problems from nation - collective dual land ownership structure, which should be emphasized by legislators. In my opinion, at present there are a series of risks of economy、law and policy to buy stock with the rural land contracting operating right.