土地经营权入股法律问题研究
Research on Legal Issues of Ownership of Land Management Rights

建立健全土地经营权流转市场，是深化农村土地制度改革的重要内容。土地经营权入股是《民法典》确认的土地经营权流转的有效形式之一，被赋予了合法性的地位。但当前实践运行中存在着较多问题，比如权利性质模糊、入股评估作价机制缺失、入股程序不规范、收益分配模式不合理、成员和农民股东退出机制不健全等问题。针对这些问题需要建立科学的土地经营权入股评估作价制度、收益分配机制、土地经营权入股成员和股东退出机制，以及其他完善土地经营权入股保障的机制，畅通土地经营权入股，激活土地经营权。
Establishing and improving the transfer market of land management rights is an important part of deepening the reform of rural land system. Ownership of land management right is one of the effective forms of the transfer of land management right confirmed by the Civil Code, which is endowed with a legal status. However, there are many problems in the current practice, such as the fuzzy nature of rights, the lack of investment evaluation and pricing mechanism, the non-standard investment procedures, the unreasonable income distribution mode, and the imperfect withdrawal mechanism of members and farmers shareholders. To solve these problems, it is necessary to establish a scientific evaluation and pricing system for land management right investment, income distribution mechanism, withdrawal mechanism for members and shareholders of land management right investment, and other mechanisms to improve the security of land management right investment, smooth the flow of land management right investment, and activate land management right.