The Legislation on Using Land Management Right to Obtain Share Ownership:Reflections and Prospects
Since the household contract responsibility system with remuneration linked to output came into being,the issue of whether the contractual management rights of rural land can be transferred in the form of obtaining share ownership has experienced a complex process of transformation at both levels of policy and law.The confirmation of using land management right to obtain share ownership in the legislation is one of the important reform achievements of"separating rural land ownership,contractual right,and management right",thus helping the value realization of land management rights during the process of transfer.Nevertheless,the current legislative expressions on using land management right to obtain share ownership lack standardization and unification,and have some conflicts with relevant legal provisions,frustrating the legislative goals.From the perspective of basic legislative principles,the legal language being not normative is only the superficial phenomenon,and the nature of land management rights being unclear is the root source of legislative predicament,and worries about the harmful outcomes of obtaining share ownership further lead to difficulties in legal application.The large quantity of exiting phenomena of"using lease to replace the transfer"and"being in the name of obtaining share ownership but being in fact lease"in practice shows that the existing legislation cannot effectively meet the need of using land management rights to obtain share ownership but increases confusion in interpretation and application.In order to bridge the gap between different understanding of using land management rights to obtain share ownership,keep coordination between relevant laws and realize the legislative goals of"separating rural land ownership,contractual right,and management right",it is necessary to unify relevant legislative expressions,clarify the nature of land management rights,remove the unnecessary burdens on land management rights,thus making the land management rights become"non-monetary property valuable in terms of money and legally transferable"and then replacing"obtaining share ownership"with"capital contribution in terms of money".
Land Management RightsObtaining Share OwnershipCapital Contribution in terms of MoneyLaw on Land Contract in Rural AreasCompany Law
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维普
