A Study On Legal System Of Foreign Investment In Agricultural Sector Of China

Agriculture is the foundation of national economy and the development of agriculture-related industries is a strong guarantee for the healthy and sustained development of national economy. China has always attached great importance to issues related to foreign investment in the agricultural sector, and constitute and promulgate a series of measures to encourage foreign investment in China's agricultural sector. Foreign investment in the agricultural sector helps china's agriculture change from traditional agriculture to modern economic. The development of modern agriculture and building a socialist new countryside can not do without the effective support of international capital. Lack of adequate financial support in social and economic activities has restricted the development of China's rural economy, and is also called "bottleneck" in Chinese, and it is also a problem we must faced in building a socialist new countryside in China. With the constant deepening of China's reform and opening up and improving the investment environment in rural areas, foreign investment in the agricultural sector is attached more and more importance to by the party and the country. The new "Foreign Investment Industrial Guidance Catalogue"(2007) changes more on the agricultural sector, further expanding the area of foreign investment in agriculture market access range.As a important component of China's legal system, the legal system of Foreign investment is the white book of the Foreign investment norms and guide in agricultural sector in China, and must be able to effectively make up the vacuity that our country has not developed a specific foreign investment law in agricultural sector. Improving the legal system of foreign investment in the agricultural sector can not only regulate and guide foreign investment in the agricultural sector and actively enhance confidence for foreign investment in China's agricultural sector, but also effectively prevent a series of new situations and new problems by foreign investment in the agricultural sector, such as disputes, conflict of interest and the interests of farmers, agriculture industry, the loss of security, and so on. It is can be predicted that improving the legal system of foreign investment in the agricultural sector can ease the contradiction between supply and demand in rural areas and improve rural investment environment.This paper focuses on the field of the legal system of foreign investment in agricultural sector and issues in-depth study. In the first part of the study, purpose, meaning and the difficulties of innovation has been combed; In the second part,based on the determination of related concepts, describe the foreign investment-related in agricultural sector theories by the theories of the use of weak industries, interests and the mechanism of interests, the right to survival and development; The third section describes the experience of the United States, Japan, Thailand and Brazilon regulating foreign investment in the field of agriculture, as study, and summarizes that the United States'the specialized members of censorship, and Japan's first baby into protection, before the gradual liberalization of the open system, and Thailand's strict equity ratio control system and Brazil'the priority and fully open system; The fourth section mainly introduce the basic status about the foreign investment and legal system in China's agricultural sector, and sum up the current problems about the legal system of foreign investment in China's agricultural; The fifth part is the main part of the paper, through expatiating the the value orientation and the basic principles of improving the legal system of foreign investment in the agricultural sector, makes specific institutional arrangements from finance, taxation, insurance, subsidies, management supervision and dispute resolution multi-angle. Hope that the research on the legal system of foreign investment in China's agricultural can be good to promote the sound development of foreign investment in China's agricultural sector,as guidance.