土地承包经营权入股的法律机制研究

Study on the Legal Mechanism of the Shareholding of Land Contractual Rights

土地承包经营权入股是增加农民收入、促进城乡发展一体化的重要举措,但在试点阶段存在诸多问题。学术界对土地承包经营权入股的本质含义及法律属性认识不一,入股的组织形式迥异。一方面须明晰土地承包经营权入股的本质含义,合理界定入股的组织形式;另一方面要注重整合冲突,填补立法空白,构建统一的流转程序,从而实现构建新型农业经营体系的目标。

The shareholding of land contractual rights is an important step which increases rural incomes and promotes the unity of city and countryside,however,there are many problems in the pilot stage. Academic circles has a different opinion on the essential meaning and legal attributes of the shareholding of land contractual rights,and the form organization also is widely different. On the one hand we need to clear its essential meaning and reasonable definition of the organizational form of shares,on the other hand we need to emphasize the integration of conflict,fill legislative gaps and build a unified transfer program,in order to achieve the goal of the construction of new agricultural management system.