Research On Legal Status Of Family Farm

China’s Central No.1 document has been mentioned for five consecutive years related to the family farm,this kind of agricultural management subject has already boarded the main stage of China’s agriculture,and governments at all levels actively introduce the relevant policies and documents to guide and help family farms rapid Development,but because the current state has not yet developed a special legal policy on the family farm to regulate,leading to the emergence of a series of problems in the process of implementation.The fundamental reason for this phenomenon is precisely because the family farm lacks the relevant legal system,and in particular its legal status is not currently clearly defined in our exploration.In contrast,foreign family farms have developed earlier and have experience in legal systems(US,Russia,and Japan).Therefore,taking into account the current situation of the development of family farms in China and the legal dilemma encountered in the development process,the author explores the legal status of family farms in China,and draws lessons from the legal system of family farms in other countries,from which can promote the legislative process of family farms.First of all,the author has read the literature on the legal status of family farms at home and abroad,and clarified the relevant theories suitable for studying the legal status of family farms,such as public regulation theory and enterprise form legalism,and summarized the current academic circles on family farms research status;secondly,the author combed the development process of family farms in our country with a series of policy documents,while in the case of Shanghai songjiang farm as an example to introduce the development of local family farms,and concerned the current policy and legislation of the central and local family farms;besides,through a comparative analysis on the family farm policies by local governments,using data obtained from the survey data,summed up a series of legal problems the family farms of our country faced at this stage,such as the definition is not clear,legal status is diferent,registration "no law can be based on" and so on,then explained the reasons;subsequently analyzed legislative experience of the United States,Russia,Japan three countries on the family farms and our country used for reference;finally,for the above research analysis a series of legal problems,the author put forward Countermeasures and suggestions respectively.Through the investigation and research found that China’s domestic farms currently faced the biggest problem is that no law can be based on,and thus led to some problems such as the definition of family farm is not clear,the legal status of uncertainty and registrations are different in different regions.First of all,starting from the definition of family farms,on the basis of the theory and practice theory,the author proposed to define it as "agricultural households with the rural household registration which registered by the industrial and commercial administration after the establishment of the law,the family members for its main labor force,Agricultural production as the main business scope,the family income as the main source of income and have a certain size of the new agricultural management subject.Second,the applicant in the family farm registration,the main choice of self-employed,individual-owned enterprises,limited liability companies,partnership these four forms,through the combination of China’s civil subject classification of the four organizational forms of their own advantages and disadvantages to Analysis,the author suggested that the family farm will be defined in the corporate legal person category,and the current four types of registration,the limited liability company is most conducive to its development;Finally,the family farm registration problem,this part,the author from the family farm registration type,Procedures,departments and names,and so on.The so-called prosperity and growth of things is inseparable from the support of the law,hoping to promote the establishment of the legal system of family farms in China through the research in this paper to ensure the healthy development of family farms.