Analysis about the Legal Nature of Land Contractual Management Right Investment

Regarding legal nature of land contractual management right investment,theory circle remains the disputes of real right circulation and creditor's right circulation.Because the real right circulation is unable to guarantee peasant household's social security right based on land contractual management right and share land appreciation maximization of income,the majority regulatory files take creditor's right circulation as the legislative foundation in the practice.But creditor's right circulation is facing questions of traditional commercial law theory such as legal person's property independence and false investment.Therefore,creditor's right circulation needs revision and supplement,namely stipulate explicitly amount of land contractual management right investment does not add to cooperative society investment total amount,only act as the basis of sharing the profit and net assets and undertaking the loss,Which may not only coordinate the conflicts between real right circulation and creditor's right circulation,establish the foundation for concrete legal regime design of the farmer specialized cooperative society invested by farmland,but also help to know cooperative society's property right nature correctly,enrich and improve the responsibility shape of the members of cooperative society.