A Study On The Agricultural Production Legal Person System Of Japan

Since the Third Plenary Session of the eleventh, China established the household contract responsibility system to promote the development of agriculture. However, with the continuous development of industrialization, urbanization and agricultural modernization, farmers are gradually out of the land, and a large number of rural labor flow to cities and the second or third industry, concurrent-business farmers, the rural hollowing out, the problem of agricultural production subject has become the important problem faced by the current promoting agricultural modernization. In 2015. "the central file no.1" is focused on the problem of "three rural ", made clear that we have to speed up the building of a new agricultural management system and perfect financial services of new-type agriculture managing subject, which pointed out the direction of fostering new-type agriculture managing subject, but the law did not make clear to new-type agriculture managing subject on specific rules.In contrast, before the second world war, Japan implements the landlord land ownership, land owned by the big landlord, and farmers can only lease the land to the big landlords. Postwar, the Japanese government made a series of land reform, abolishing the landlord land ownership, establishing private ownership of farmers, establishing the dominant position of farmers in agricultural production and operation. With the high-speed development of the post-war Japan’s economy, a large number of rural labor flow into the cities. In this context, the Japanese government pushed forward the reform of agricultural structure and revised’’Agricultural Land Law" to create the legal person system of agricultural production, and established the important position of the legal persons in the agricultural production and operation in the form of law. The legal person of agricultural production began boarded the stage of Japanese history.Different from the legal person of agriculture and farming combination, the legal person of agricultural production can take ownership of farmland, rent farmland, but set up to meet the various requirements, tightly restricted. Since then, as "Agricultural Land Law" revised, the constitutive requirements of the legal person of agricultural production, gradually develop from the initial seven elements to four elements:legal person form requirements, business requirements, members of the requirements and the business execution service member requirements, from free capitalism to workers, to attach importance to agricultural land use efficiency, prompting legal person become main force of the agricultural production and operation, promoting farmland circulation and the corporate, scale of agricultural production and operation. In addition, the positive construction of legal system of agricultural production of relevant supporting measures, including fiscal, financial, and measures such as establishing intermediary service institutions, to promote the farmland scale, intensive, and laid the foundation of material and service for the legal persons engaged in agricultural production and operation.The prominent contradiction between Japanese population and land exist similarities with our country. The experience of legal person system of agricultural production have a vital significance for our country to foster new-type agriculture managing subject. Therefore, based on the rural collective ownership, this article will analyze and summarize the successful experiences of Japan’s legal person system of agricultural production, and put forward rationalization proposal in cultivating new-type agriculture managing subject. Besides preface and epilogue, this article mainly is divided into five parts:the first part is the concept of legal person system of agricultural production. This part mainly introduced the definition, forms and characteristics of legal person of agricultural production, and summarized the differences between legal person of agricultural production with legal person of corporate agriculture and farming combination. The second part is the history of the legal person system of agricultural production in Japan. This part mainly analyzed the occurrence and the development of the legal person system of agricultural production, and finally summarized the development characteristics and significance of the legal person system of agricultural production. The third part is the requirement and current situation of the legal person system of agricultural production. With Japan’s new "Agricultural Land Law" as the background, this part mainly summarized the constitutive requirements and current situation of the legal person system of agricultural production. The fourth part is the relevant supporting measures to build the legal person system of agricultural production in Japan. This part summarized Japan’s experience in the construction of a legal person system of agricultural production from two aspects of finance and the intermediary service institutions. The last part is the enlightenment of legal person system of agricultural production for our country to foster new-type agriculture managing subject. This part proposed the rationalization proposal to new-type agriculture managing subject from the view of the legislation, qualifications of new type of agricultural production operator, legal restraint mechanisms and relevant supporting measures.