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Study on the legal problems of farmer professional cooperatives in rural land contract and Operation Rights Shares

Author: ZhangYan
Tutor: SunXianZhong
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Contractual Operation Right of Rural Land Specialized PeasantCooperatives Investment
CLC: D922.32
Type: Master's thesis
Year: 2013
Downloads: 113
Quote: 0
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Abstract


The contractual operation right of rural land is essential to Chinese peasants, and itplays an important role in the development of agricultural economy. The recent yearshave seen the practice of investing contractual operation right of rural land inspecialized peasant cooperatives, which is a significant method to improve peasants’income. However, during the practice, many controversial legal issues come up.This thesis’s first part is about the background of the investment and the legalproblems during the practice.In the second part, the legal nature of the contractual operation right of rural land andspecialized peasant cooperatives are analyzed, and on that basis, I explain the necessityand validity of the investment.The third part is about the analysis of each controversial legal issues mentioned in thefirst part. First, many restrictions on the investment with the contractual operation rightof rural land are unreasonable and should be abolished. Secondly, investment meanstransfer of ownership rather than the creditor’s right. Therefore, by investment, thecooperatives acquire the contractual operation right of rural land rather than just theright of land management. Third, I come up with some suggestions for the improvementof evaluation system of contractual operation right of rural land. Fourth, restrictions onpeasants’ stock transfer should be mainly decided by the confrere qualifications ofcooperatives rather than restrictions for transfer of the contractual operation right ofrural land. Besides, in stock transfer, peasants in the same collective organization withthe assignor enjoy the right of preemption under the same condition. Lastly, whencooperatives go bankrupt, the contractual operation right of rural land invested incooperatives should be listed as bankrupt property.The last part of the thesis points out the importance of improvement of socialinsurance system in rural areas to promote the free transfer of the contractual operationright of rural land. In the improvement of insurance system, the state and governmentshould take dominant responsibility.

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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