Research On Legal Regulation Of Overseas Cultivated Land Investment From The Perspective Of Food Security

When the grain crisis broke out in 2008,the price of food in the world has risen sharply.Many countries have carried out overseas investment in cultivated land to improve the level of food security in their country and the investment scale of the overseas cultivated land was growing rapidly.For carrying out overseas investment in cultivated land better,the international investment in cultivated land is regulated by legal documents such as the voluntary guidelines for the responsible governance of land,fisheries and forest ownership in the scope of national grain security,the principle of responsible investment in agriculture and grain systems and the responsible agricultural supply chain guide.In addition,relevant provisions in legal documents such as the International Covenant on economic,social and cultural rights,the guiding principles of John Ruggie and the norms of transnational enterprises have also been involved in the investment of overseas cultivated land.At the same time,some bilateral investment agreements and regional investment agreements also play a positive role in regulating overseas investment in cultivated land.Generally speaking,the above legal documents can be used to regulate the investment of overseas cultivated land,but there are still some obvious deficiencies.The world food security committee and other international organizations gradually realized the above problems.In addition to the international level,Japan,South Korea,the United States and the United Kingdom and other overseas arable land investment countries have more perfect laws and regulations,which have played an important role in regulating the investment of overseas cultivated land.In these country,the support measures for investment funds of overseas cultivated land,the overseas investment information service system and the overseas investment insurance system are also perfect.As the most populous developing country in the world,since the pressure of food security is great and the international trade means can not solve the problem fundamentally,the investment of overseas cultivated land has become an important supplementary way to solve the problem of grain security in China.In fact,our country has become an important participant in the overseas investment of cultivated land.The investment projects spread over many continents.But the legal regulations are still not sound,the problems of lacking in clear and meticulous legal norms are serious.In 2018,the first document of Central Committee put forward for the first time that China should take an active part in the management of global food security,which thinks of China’s food security in the grand pattern of world food security,and provide the world guarantee for the food security in China.In fact,solving the problem of food security in China also helps to alleviate the pressure of the food security in the world and enhance the level of the food security in the world.The relevant international laws and regulations and the important domestic practice of the four typical countries are of great significance to our country to improve the legal regulation of overseas cultivated land investment,to further promote the investment of overseas cultivated land in order to improve the food security of our country and even the world.China should adhere to the principles of establishing a new concept of food security,mutual benefit and green development,and promotion better than supervision and protection but supervision and protection are equal emphasis.And the introduction of the People’s Republic of China overseas investment law and make up a specialized part for the investment of overseas cultivated land.For this purpose,China should improve the qualification and management system of overseas cultivated land investment,reform the foreign exchange management system of overseas cultivated land investment,optimize the investment incentive system for overseas cultivated land and establish an overseas investment insurance system for cultivated land.At the same time,China should construct the responsibility system for the investment environment of overseas cultivated land,security early warning system for overseas cultivated land investment and solve the disputes over overseas arable land investment properly.In addition,China should also actively participate in overseas cultivated land investment international legal regulation reform negotiations,relying on the "The Belt and Road" initiative to establish overseas cultivated land investment guarantee mechanism for international cooperation,and ultimately promote the successful development of China’s overseas cultivated land investment.Here,this study is discussed from the following seven parts: the first part is the introduction,which mainly introduces the background,purpose and significance of the study,the review of domestic and foreign researches,the research design and logic,the difficulties and innovations of this study;the second part is the research on basic theory,defining and analyzing the concepts of food security,the world grain,security situation,overseas arable land investment,regional scope,investment model and development motive and the influence on food security.The theoretical analysis is carried out through the important theories of law and economics.The third part is the analysis of international legal regulations of overseas arable land investment.The relevant legal documents are divided into special legal documents and non specialized legal documents.The fourth part is the study and reference of the legal regulation of overseas cultivated land investment in typical countries,by analyzing the specific practices of typical countries such as Japan,Korea,the United States and the United Kingdom.This part will analyse the commonness and differences of the four countries and draw the inspiration to our country.Then,this part summarizes the deficiencies of the legal regulation of investment in cultivated land and the trend of reform and development.The fourth part is the analysis of the current situation of the overseas cultivated land investment and legal regulation in China,and the problems of the legal regulation.The sixth part is the perfection of the legal regulation of the overseas cultivated land investment in China under the view of food security.The countermeasures and suggestions of China’s overseas cultivated land investment are put forward respectively from the legal regulation of the principles,the perfection of the legal system and the legal regulation of the implementation.And at the international level,China should actively participate in overseas cultivated land investment international legal regulation reform negotiations,initiative the international cooperation guarantee mechanism of overseas cultivated land investment relying on the "The Belt and Road".The seventh part is the conclusion,summarizing the basic viewpoints and conclusions of the full text and putting forward the follow-up research prospect.