| Owing to the growth of the population, the improvement of people’s living standards andthe development of the bio-energy, the demand of all kinds of foods increases greatly.Thus the issues on the rising of food price and the food safety become worldwideproblems. Since the world economic crises broke out in2008, the price of food roseviolently and the food safety problem became the hot spot of all walks of life once again.Early in the19thcentury, Japan had put the overseas farmland investment into practice as ameasure to solve its food safety problem. Nowadays, more and more countries realize thestrategic significance and economic value of the overseas farmland investment andinvolve in this investment. Though there are still many feasibility problems under dispute,the overseas farmland investment has become an inevitable trend. While there is still noresearch on this field from the perspective of legal system, the author believes that it is anecessary to define the overseas farmland investment from the aspect of economicbehavior and to protect this investment by the legal.This thesis is divided into four chapters with about thirty thousand words.Chapter one is the introduction of the overseas farmland investment. Firstly, the authordefines the concept of the overseas farmland investment, analyze its features from suchaspects as the investment subject, the host country and the investmentmotive, and at the same time make some comparative researches on the overseas farmlandinvestment and the related concepts. Secondly, aiming at the disputes on the overseasfarmland investment, the author, especially laying emphasis on the combination withChina’s reality, discusses the necessity and significance of the overseas farmlandinvestment respectively.Chapter two is about the study of overseas farmland investment in Japan and South Korea,the USA and the gulf countries. Firstly, the author makes a brief analysis on thebackgrounds and status of the overseas farmland investment in these three regions in orderto seek the corresponding points with our country. Secondly, the author further analyzesthe relevant policies, legal systems and the related subjects of the overseas farmland investment in these countries. Finally, the author focuses on the analysis of the advantagesand disadvantages of the overseas farmland investment in these countries so as to providereference for China to practice the overseas farmland investment.Chapter three is about the legal challenges of the overseas farmland investment. Firstly,the author analyzes the challenges of the international law from the perspectives of theFood and Agriculture Organization of the United Nations, the comprehensive multilateraltreaty and bilateral treaty. Secondly, the author focuses on the analysis of the political risksand legal risks of the host country in overseas farmland investment, especially on the newtype of political risks. Finally, the author analyzes the related political and legal features aswell as the defeats on promoting and protecting the overseas farmland investment inChina.Chapter four is about the improvement of the legal system of China’s overseas farmlandinvestment. Firstly, the author proposes some suggestions on improving the legal systemof the overseas farmland investment, including the improvements of the foreign assistanceact, the general law of overseas investment, laws and regulations of overseas farmlandinvestment industry and the investment services. Secondly, the author presents suggestionson improving the supervisory regulations of the overseas farmland investment from thefollowing three aspects: the investor, the choice of the host country and the businesspattern. Finally, it is about the improvement of the legal protection system for the overseasfarmland investment. The author proposes two suggestions on improving the legalprotection system which are establishing an independent insurance legal system foroverseas farmland investment and improving the relevant provisions of China creditinsurance. |
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