What does the reform of the land shareholding system mean, and what does the reform of the rural sha

Different regions have different directions for the reform of the land shareholding system. It is mainly divided into the following four modes:

1) South China Sea model. Its main features: first, according to different asset conditions, choose different forms of discount, mainly to evaluate collective land and fixed assets into shares; The second is to allocate equity according to the different circumstances of each farmer, and the specific allotment methods include factor allotment method, two-level allotment method, and comprehensive factor allotment method; The third is to choose different forms of shareholding according to different situations, and the main forms are community organization shareholding cooperatives, land shareholding cooperatives, and enterprise shareholding cooperatives.

2) Suzhou model. Its main features; There are two main forms of equity setting: one is the land share cooperatives in which farmers take pure land, and the land is generally not priced, and the shareholding land is contracted or leased after the unified integration of the cooperatives, and the income is distributed according to the share of the land shared.

The second is a joint-stock cooperative in which peasants' land is mainly invested in shares, and capital and technology are involved. The land invested in the shares is generally discounted into shares, and the operating income of the cooperative is distributed according to the shares.

3) Shanghai model. Its main characteristics are: First, the peasants within the collective will take the contracted land into the village (group) collectives to which they belong, and the village (group) collectives will pack the land in which the peasants have become shareholders together with the mobile land that has not been contracted to the households, and then re-invest in the special economic organizations in the name of the collective; - It is a specific economic organization that concentrates the land in which the collective is a shareholder, breaks the original boundaries, carries out unified planning and sorting, and pushes the land to the market in the form of transfer and lease, so as to form a first-class rural land market; Third, after the land is passed through the primary market to the user, the user can transfer it for compensation in accordance with the law and the contract within the time limit specified in the contract.

4) Chengdu model. Its main features: first, the villagers' groups set up collective economic cooperatives voluntarily organized by the villagers to exercise the most basic collective land ownership; Second, the collective economic organization and the existing villager groups and villagers' committees are separated, and the villagers form a (group-level) collective economic organization that is a cooperative with their ownership or right to use the income shares, and the total (village-level) collective economic organization is a cooperative association; Third, townships have set up rural collective assets supervision committees to exercise the right to supervise collective assets.

After the subject of property rights is clear, the collective economic cooperatives on the basis of the investigation and mapping, the villagers are confirmed and publicized, and finally the relevant ** departments register and issue certificates.

It is the separation of ownership, management and use rights.

Legal analysis: 1. The concept of rural shareholding reform: the reform of rural shareholding system, that is, with the original village-level collective economy as the matrix, drawing on the WIPO form, operation mode and distribution mode of the joint-stock system, and on the premise of adhering to the clear and indivisible collective assets, the ownership and distribution rights of the village collective assets are separated, so that all members and shareholders can enjoy the decision-making power, supervision and distribution rights, and bear the corresponding obligations.

Second, the characteristics of the reform of the shareholding system in rural communities: diversified forms. The specific forms of community shareholding reform are not the same, rich and diverse, and there is the implementation of the land shareholding reform with rural land contracting rights as the core, that is, according to the status of farmers' contracted land and contributions to the collective, etc., farmers are allocated equity, so that farmers' contracting relations are determined from the original physical form of land to the form of value; There is a community enterprise shareholding reform with farmers' shareholding in community collective enterprises as the main content, that is, in areas where collective enterprises are strong, the restructuring is mainly expressed in the form of farmers' shareholding in collective enterprises; There is a reform of the community collective shareholding system with the quantification of village-level collective ownership or part of the net assets as the core.

Legal basis: Article 71 of the Company Law of the People's Republic of China The shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders.

Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal.

If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer. Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.

Legal analysis: The land shareholding system is based on the administrative village, economic cooperative, and villager group as the unit, through a comprehensive measurement of the land, asset verification, capital verification and asset evaluation, and then quantify the net assets to allocate equity to eligible local villagers. Through the shareholding system reform, on the one hand, the land value assets are quantified into equity and distributed equally to each farmer, so that the peasant households become the landowners and complete the task of quantifying the ownership of the peasant collective; On the other hand, the right to operate the physical assets of the land owned by the peasants is handed over to the collective economic organizations, so that they become the operators of the land and are responsible for the management activities of the land, thus forming a new two-tier property rights system in which the collective economic organizations operate and the individual peasant households own.

Legal basis: Article 16 of the Rural Land Contract Law of the People's Republic of China The contracting party enjoys the following rights:

1) The right to use the contracted land, the income from the income and the circulation of the land contracted management rights in accordance with the law, and the right to independently organize the production and operation and disposal of products;

2) Where the contracted land is requisitioned or occupied in accordance with law, they have the right to receive corresponding compensation in accordance with law;

3) Other rights provided for by laws and administrative regulations.

Legal analysis: The implementation of the land shareholding system for rural land: it is based on the administrative village or economic community (villager group) as a unit, through a comprehensive measurement of land, asset verification and asset evaluation, and then quantify the net assets to the qualified local villagers to allocate equity.

In accordance with the wishes of the peasants, the qualified localities may, in accordance with the wishes of the peasants, unify and contiguous areas of cultivated land, quantify the conversion of land into shares, confirm the ownership of the land, and distribute the income from operations according to shares, and may also guide the peasants to form land share cooperatives with contracted land as shares, and develop large-scale agricultural operations through self-management or entrusted management; Farmers are allowed to use the right to contract management to become shareholders in the development of agricultural mining, which refers to the management of the industry.

Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The state implements a system of paid use of state-owned land in accordance with the law of the family's friends. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

The land shareholding system is implemented for rural land: it is based on the administrative village or economic community (villager group) as a unit, through a comprehensive measurement of land, asset verification and asset evaluation, and then quantification of net assets to the qualified local villagers to allocate equity.

In accordance with the wishes of the peasants, the qualified localities may, in accordance with the wishes of the peasants, unify and contiguous areas of cultivated land, quantify the conversion of land into shares, confirm the ownership of the land, and distribute the income from operations according to shares, and may also guide the peasants to form land share cooperatives with contracted land as shares, and develop large-scale agricultural operations through self-management or entrusted management; Farmers are allowed to take shares in the development of industrialized agricultural operations with the right to contract management.

Rural land encourages the development of shareholding cooperation, guides farmers to voluntarily invest in leading enterprises and farmers' cooperatives with land management rights, and adopts methods such as "guaranteed income + dividends according to shares", so that farmers can share the benefits of processing and sales, and establish and improve risk prevention mechanisms.