Research On The Legal Form Of Rural Management Subject From The Perspective Of Commercial Law

Since 2004,every year the Central Government has put forward the strategic policy and development trend of the country on the issue of agriculture,rural areas and farmers in the form of "Document No.1".Among the rural economic development issues that are highly valued by the central government,especially how to standardize and promote the development goals of rural business entities towards modernization,specialization,and marketization,it can be said that whether rural economic development can complete the strategy of rural rejuvenation.The starting point and the goal of the goal.With the rapid advancement of China's agricultural modernization,the main structure of rural operations has continuously deepened and evolved in the original model of rural contracted households.At the same time,in ensuring that farmers' professional cooperatives and rural collective economic organizations are indispensable to rural economic development and organization and management,these entities are also associated with family farms,leading enterprises,social service organizations,and agricultural industrialization.The emergence of new business entities in recent years and the construction of a diversified rural management system with unique Chinese characteristics have become the dominant forces that effectively promote the development of the rural economy and complete the strategic objectives of rural rejuvenation.However,the vigorous development of various rural entrants with multiple symbiosis and alternation has also faced many institutional and non-institutional shortcomings and problems,and they urgently need to be cleared up,eliminated and supplemented.In particular,the diversification of the manifestations of the rural business entities does not in itself mean that they have achieved correct legal reversion.In fact,for many years,rural business entities have presented outstanding problems such as staggered forms,ambiguous legal positioning,and unclear commercial status,so that the legal status of certain subjects is still at a stage of controversy.Particularly important is the systematic construction.Some subjects even face the embarrassing situation of “no legal basis”.Based on the above situation,this article will be based on the perspective of commercial law,this paper systematically carries on the realistic form and the theoretical form of the main body of rural management,especially the specific and“accurate correspondence” between the legal forms,and strives to implement the classification in the sense of commercial law,and sets up the legal status and systematization to follow up.This is the only way for the development of agriculturalmodernization,and it is also a response to the country's strategy of "rejuvenating rural areas".This article is divided into six parts,focusing on the six main parts of the rural economy,including the sorting and quantification of the type of rural management,and the precision of the law.The first part is introduction.This section will briefly describe the research background,reveal the research significance,ideas and methods of the research,and then put forward innovations and deficiencies of the article.The second part is the conceptual understanding of rural management subjects.This part will be based on basic understanding of the policy-based non-legal concept,and then lead out the subject of this study—the subject of rural management,and give it a legal conception.The third part is the foundation of the commercial law of the rural management subjects.This section will review,analyze,and research the theory of merchants,from the basic knowledge of the commercial subject to theoretical support for the discrimination of rural business principals in this paper.The fourth part is the corresponding form of non-legal form of rural management subjects.In this part,through the corresponding forms of rural management subjects in the combing policy—family farms,professional large household and leading enterprises,the basic understanding of the four types of policy subjects is carried out,and then the specific legal forms to which the subjects belong are "seat by number".The fifth part is the concrete judgment of the legal form of the rural management analysis and judgments.This part of the four types of rural business entities in the legal performance of the four major categories-rural contract farmers,farmers professional cooperatives,rural collective economic organizations,"diversified company",the subject of specific issues of legal analysis and judgments.The sixth part is the conclusion.This section summarizes the analysis of the specific legal forms studied by the article.