土地承包经营权入股公司之法律困境与突破

Legal Dilemma and Breakthrough of Land Contracted Management Rights for Shareholder Companies

入股是一种重要的土地承包经营权流转方式,通过将土地承包经营权进行股权化可以使农民降低对土地的依赖性,增加收入,产生很多有利影响。土地承包经营权入股公司在法律上还存在一些问题,与公司法的冲突,在价值评定及利润分配的划分等,解决办法需要明确土地产权,完善配套方案,为农民利益做出有效保障。

Being a shareholder is an important way for the transfer of land use rights, and the shareholding of land contracted management have many beneficial effects, like reducing farmers’ dependence on land, increasing their income;however, shareholder companies have some problems in land contracted management, such as the conflict with the company law, the division of value evaluation and profit distribution, etc. The solution are suggested like the following: clarifying land property rights, improving supporting scheme, and making effective guarantee for protecting the interests of farmers.