Study On The Legal Problems Of Industrial And Commercial Capital To Participate In The Investment In Agriculture

Since the reform and opening up in China,Chinese economy has been developing rapidly especially in industry and commerce,while Chinese agriculture did not get the fully corresponding development which was rooted in that the agriculture is a kind of weak,high-risk and low-return industry.At present,our country entered into the period of industry regurgitation feeding agriculture and cities supporting countryside and agricultural development ushered in the spring.At the same time,quite amount of industrial and commercial capital entered into agriculture which was breaking-through the bottleneck of lacking of long-term investment in agriculture.On one hand,the intervening of industrial and commercial capital brought lots of money for agricultural development,advanced production technology and modern enterprise management concept which promoted the flourish of modern agriculture.On the other hand,the entering of commercial capital was actually a complex legal issue but not a simple process of capital investment nor a question of input-output.Due to the tent towards interest of capital and the omission of agricultural investment law in China,which led to series of problems in the practice such as changing land usage casually,damaging the rights and interests of peasant and calculating the land illegally in the procedure of industrial capital entering into agriculture,therefore,it is necessary to research the process that how industrial capital was participating in the agricultural investment.Under the condition of socialist market economy,improving and fulfilling the legal system of agriculture investment is the most effective way to achieve the harmonious and orderly connection between industrial and commercial capital and agricultural development.First of all,the author started with the basic concept of agricultural investment and industrial and commercial capital to recognize the relations between industrial and commercial capital and agricultural investment.Then,the author discussed about the situation and problems of industrial and commercial capital participating into agriculture investment so as to set stage for further study after analyzed the characteristics and classification of agricultural investment.Secondly,the essay discussed about the theoretical basis of law and economics on agricultural investment.From the perspective of legal system,the author expounded the theoretical requirement that industrial and commercial capital participated into agriculture based on the theory of macroeconomic regulation and control principle,the theory of fairness and efficiency,and the theory of farmers' rights and interests protection.From the economic perspective,the author elaborated the necessity of industrial and commercial participation through the theory of economic growth,the theory of agricultural development and the theory of agriculture induced development.Thirdly,the author illustrated the two-sides character of industrial and commercial capital based on the empirical research on the situation of the agricultural investment in Jiangsu and the analysis on the statutory problems of industrial and commercial capital participation.On one side,the participation of industrial capital in agriculture can motivate the development of agriculture;on the other side,the industrial capital investment is not only a question of capital utilization,but also a complex legitimate problem.At last,the author put forward the countermeasures and suggestions according to the said problems of industrial and commercial capital participating in agricultural investment through the comparative study on the experiences and lessons between developed countries and developing countries.