家庭农场法律地位研究
发布时间：2018-08-08 12:08
【摘要】：我国中央一号文件已经连续五年涉及到了家庭农场,这种农业经营主体已然登上了我国的农业大舞台,但由于目前国家尚没有制定专门的法律政策对家庭农场进行规范,导致了在推行过程中一系列问题的出现。探究这一现象的根本原因,正是由于家庭农场缺失了相关的法律制度,特别是其法律地位目前并未得到明确界定。相比较之下,国外家庭农场发展较早,在法律制度方面有经验(美国、俄罗斯、日本)。因此,笔者在综合考虑现阶段我国家庭农场的发展情况和发展过程中所遭遇的法律困境的前提下,探究了我国家庭农场的法律地位,同时借鉴吸收了其他国家关于家庭农场的法律制度,希望能促进家庭农场的立法进程。首先,笔者阅读了国内外关于家庭农场法律地位研究的文献资料,明确了适合研究家庭农场法律地位的有关理论,例如公共规制理论、企业形式法定主义等,并总结了目前学术界关于家庭农场的研究现状;其次,结合一系列政策文件梳理了家庭农场在我国的发展历程和发展情况,同时以上海松江家庭农场为例介绍了地方家庭农场的发展状况,对目前中央和地方家庭农场的相关政策和立法情况进行了关注;再次,通过对地方政府颁布的家庭农场政策的比较分析,利用调查获得的数据,总结出我国现阶段家庭农场面临的一系列法律问题,如内涵界定不明确、法律地位迥异、注册登记“无法可依”等并说明了原因;随后分析了美国、俄罗斯、日本三个国家关于家庭农场的立法经验和我国采取的借鉴;最后针对上述研究分析的一系列法律问题分别提出了对策与建议。通过调查研究发现,我国家庭农场目前面临的最大问题就是没有法律可以依据,并由此引发了内涵界定不明确,法律地位不确定以及各地注册登记莫衷一是的问题。首先,从家庭农场的内涵入手,在理论和实践的基础上,笔者提出将其界定为“由拥有农村户籍的农业家庭经工商管理部门注册登记后依法设立的,家庭成员为其主要劳动力,农业生产为主要的经营范围,将家庭农业收入作为主要收入来源且具备一定规模的新型农业经营主体”。其次,目前家庭农场登记类型主要包括个体工商户、个人独资企业、有限责任公司、合伙企业四种形式,通过结合我国民事主体的分类情况对四种组织形式各自的优缺点加以分析,笔者建议将家庭农场界定在企业法人范畴,而目前四种登记类型中,有限责任公司最利于其发展;最后是家庭农场的注册登记问题,这一部分,笔者从家庭农场的登记类型、标准、程序、部门和名称等方面提出了一些建议。正所谓事物的繁荣与成长离不开法律的支撑,希望能够通过本文进行的研究促进我国建立家庭农场法律制度的进程,保障家庭农场的健康发展。
[Abstract]:This led to the emergence of a series of problems in the process of implementation. The root cause of this phenomenon is the absence of relevant legal system, especially the lack of clear definition of the legal status of family farms. By contrast, family farms abroad developed earlier and had experience in legal systems (United States, Russia, Japan). Therefore, on the premise of synthetically considering the development of family farms and the legal difficulties encountered in the process of development, the author probes into the legal status of family farms in our country. At the same time, it draws on the legal system of family farm in other countries and hopes to promote the legislative process of family farm. First of all, the author has read the domestic and foreign literature about the family farm legal status research, has identified the suitable research family farm legal status related theories, for example, the public regulation theory, the enterprise form legalism and so on. And summarized the current academic research on family farms; secondly, combined with a series of policy documents to sort out the development of family farms in China and the development of the situation, At the same time, taking Songjiang family farm in Shanghai as an example, it introduces the development of local family farm, and pays attention to the relevant policies and legislation of central and local family farms. Thirdly, Through the comparative analysis of the family farm policy promulgated by the local government and the data obtained from the investigation, this paper sums up a series of legal problems facing the family farm in our country at the present stage, such as unclear definition of connotation and different legal status. Then, the author analyzes the legislative experience of the three countries about family farm and the reference of our country, such as the United States, Russia and Japan, and so on. Finally, the countermeasures and suggestions are put forward for a series of legal problems. Through investigation and research, it is found that there is no legal basis for the family farm in our country, which leads to the unclear definition of connotation, uncertain legal status and different registration in various places. First of all, starting from the connotation of family farm, on the basis of theory and practice, the author proposes to define it as "established by law by the agricultural family with rural household registration after being registered by the industrial and commercial administration department, and the family members are its main labor force." Agricultural production is the main business scope, and the family agricultural income is the main source of income and has a certain scale of new agricultural management subject. Secondly, at present, the main types of family farm registration include individual industrial and commercial households, sole proprietorship enterprises, limited liability companies, and partnership enterprises. By analyzing the advantages and disadvantages of the four forms of organization, the author suggests that the family farm should be defined in the category of enterprise legal person, and the limited liability company is the most favorable for its development. Finally, it is about the registration of family farm. In this part, the author puts forward some suggestions from the aspects of the registration type, standard, procedure, department and name of the family farm. The prosperity and growth of the so-called things can not be separated from the support of the law. It is hoped that the research carried out in this paper can promote the process of establishing the legal system of the family farm in our country and ensure the healthy development of the family farm.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.4;F324.1
[Abstract]:This led to the emergence of a series of problems in the process of implementation. The root cause of this phenomenon is the absence of relevant legal system, especially the lack of clear definition of the legal status of family farms. By contrast, family farms abroad developed earlier and had experience in legal systems (United States, Russia, Japan). Therefore, on the premise of synthetically considering the development of family farms and the legal difficulties encountered in the process of development, the author probes into the legal status of family farms in our country. At the same time, it draws on the legal system of family farm in other countries and hopes to promote the legislative process of family farm. First of all, the author has read the domestic and foreign literature about the family farm legal status research, has identified the suitable research family farm legal status related theories, for example, the public regulation theory, the enterprise form legalism and so on. And summarized the current academic research on family farms; secondly, combined with a series of policy documents to sort out the development of family farms in China and the development of the situation, At the same time, taking Songjiang family farm in Shanghai as an example, it introduces the development of local family farm, and pays attention to the relevant policies and legislation of central and local family farms. Thirdly, Through the comparative analysis of the family farm policy promulgated by the local government and the data obtained from the investigation, this paper sums up a series of legal problems facing the family farm in our country at the present stage, such as unclear definition of connotation and different legal status. Then, the author analyzes the legislative experience of the three countries about family farm and the reference of our country, such as the United States, Russia and Japan, and so on. Finally, the countermeasures and suggestions are put forward for a series of legal problems. Through investigation and research, it is found that there is no legal basis for the family farm in our country, which leads to the unclear definition of connotation, uncertain legal status and different registration in various places. First of all, starting from the connotation of family farm, on the basis of theory and practice, the author proposes to define it as "established by law by the agricultural family with rural household registration after being registered by the industrial and commercial administration department, and the family members are its main labor force." Agricultural production is the main business scope, and the family agricultural income is the main source of income and has a certain scale of new agricultural management subject. Secondly, at present, the main types of family farm registration include individual industrial and commercial households, sole proprietorship enterprises, limited liability companies, and partnership enterprises. By analyzing the advantages and disadvantages of the four forms of organization, the author suggests that the family farm should be defined in the category of enterprise legal person, and the limited liability company is the most favorable for its development. Finally, it is about the registration of family farm. In this part, the author puts forward some suggestions from the aspects of the registration type, standard, procedure, department and name of the family farm. The prosperity and growth of the so-called things can not be separated from the support of the law. It is hoped that the research carried out in this paper can promote the process of establishing the legal system of the family farm in our country and ensure the healthy development of the family farm.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.4;F324.1
【相似文献】
相关期刊论文 前10条
1 周清明;;发展和规范家庭农场制度[J];新湘评论;2013年07期
2 ;江苏出台做好家庭农场工作的意见[J];政策w，
本文编号：2171743
本文链接：https://www.wllwen.com/falvlunwen/xingzhengfalunwen/2171743.html
