Research On Family Farm Legal Regulations

The "family farm",a high-level form of family contracted management,is one of the four major forms of new agricultural operations,including large professional households,farmer cooperatives,and agricultural industrialization leading enterprises.This "new type" is relative to "traditional" For rural contracted business operators and rural collective economic organizations,they can also be called "new rural business entities" that have no substantial differences but have a narrower actual extension,and are more important than professional large-scale farmers,farmer cooperatives,and agricultural industrialization leading enterprises.Typical.At present,under the great attention and vigorous promotion of the "No.1Document" of the central government in recent years,the standardized and institutionalized construction of family farms is urgently needed.In fact,the "policy illegal form" that family farms present has become an important factor hindering the development of marketization,standardization,institutionalization,and rule of law.In particular,the lack of legislation has led to the unknown status of its subject.Therefore,the legal regulation of family farms in China should adhere to the affirmation of the status of the commercial subject at the macro level,and make corresponding choices based on its specific form at the micro level.At the same time,the requirements of the rule of law based on the implementation of the rural revitalization strategy,such as the "Company Law" and "Land Contracting Law",also provide a reference for family farm legislation.Therefore,it is inevitable and certainly feasible to actively promote the formulation of the Family Farm Law or the Family Farm Regulations.This article is divided into seven parts,mainly based on the positioning of the commercial subject of the family farm and focusing on the legal dilemma in reality,focusing on the construction of legal regulations.The first part is the introduction.This section clarifies the research background and significance,conducts analysis of domestic and foreign research status,and explains the main innovations.The second part is the basic understanding of family farms.This section lays the foundation for the understanding of family farms through a multi-dimensionalanalysis of the basic concepts and realistic forms of family farms,as well as horizontal comparisons with neighboring agricultural operators.The third part is the analysis of the subject status of family farms.This section outlines the existing theory of civil subjects on family farms,at the same time sorts out the constituent elements of commercial subjects,and fits the spirit of the reform of the company law,laying a legal foundation for the positioning of the family farm's subject.The fourth part is the internal and external model of family farms and important inspirations.This section sorts out several typical models of family farms outside the region,and compares them with some of the typical models in China,and uses the lessons learned in a rational way to “use for me”.The fifth part is the legal dilemma faced by family farms.This part analyzes the legal relationship between the identification standards,supervision and withdrawal mechanism on the basis of the unknown status of the main body of the family farm,and reveals the outstanding legal dilemmas it faces.The sixth part is the legal regulation of family farms.This section focuses on legal regulatory measures such as establishing subject status,revising recognition standards,improving registration rules,strengthening supervision and withdrawal mechanisms.The seventh part is the conclusion.China's family farm laws and regulations should focus on four major areas: First,the "precise positioning" in the form of commercial entities,the second is the "re-revision" of existing recognition standards,the third is the "differentiation and comparison" between internal legal relationships,and the fourth is "Effective entry,diversified supervision,and orderly exit" throughout.