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农村土地承包经营权以入股方式流转的现象已颇为普遍。此权利即可入股农民专业合作社,也可入股公司。农村土地承包经营权上承载有经济权能,也有与农民身份相关的权能。在该权利以入股方式流转过程中,必须要满足的前提是保障与农民身份相关的权利。这就对该权利的流转制度设计提出了特殊要求。本文在对该权利进行分析的基础上,从入股方公司方面,提出其法律风险和初步解决方案。
The phenomenon that rural land contracting and management rights transfer by means of shares has been quite common. This right can join a farmer specialized cooperatives, but also a stake in the company. Rural land contractual management rights carry economic power, but also have the power of peasant identity. In the process of conversion of this right by means of shareholding, the premise that must be satisfied is to guarantee the rights related to the identity of the peasant. This puts forward special requirements on the system design of the right of circulation. Based on the analysis of this right, this article puts forward its legal risks and preliminary solutions from the side of the share-holding company.