共同富裕视域下土地经营权入股公司的制度构建

The Institutional Construction of Acquiring Shares with Management Rights of Rural Land under the Vision of Common Prosperity

土地经营权入股公司制度应以促进利益相关者的共同发展为目标,以相关者利益分配均衡为中心,以公司法规则为基本依托来构建。农民股东的特殊利益应主要通过辅助性的社会性制度安排实现。如是,或可通过营利性制度逻辑更充分地释放土地的经济价值,推动农业现代化,促进共同富裕。具体来看,应建立科学合理的土地经营权入股作价规则体系,并构建农民股东持有优先股的引导、促进和保障机制以及农民股东清算退股时的土地经营权优先购买机制。

The institutional construction of acquiring shares with management rights of rural land should aim at promoting the common development of stakeholders,take the balanced distribution of stakeholders'interests as the center and take the company law rules as the basic basis to construct the long-term mechanism of the shareholding company.As for the special interests of peasant shareholders,it should be realized mainly through auxiliary social system arrangement.If so,the economic value of land can be released more fully through the logic of profit-making system so as to promote agricultural modernization and promote common prosperity.To be specific,a scientific and reasonable pricing system of land management rights,with a guiding,promoting and guaranteeing mechanism of taking peasant shareholders as preferred shares and a preferential purchase mechanism of land management rights when peasant shareholders are liquidated and withdrawn,should be constructed.