我国家庭农场的商事主体地位研究

Research on the Status of Family Farm Business in Our Country

家庭农场作为一种新型的农业经营主体,在全国各地正蓄势而起快速发展。但目前存在着登记类型众多、认定标准不一、认定程序各异、认定部门混乱等问题,各地先发展后规范的思想严重,法律主体地位处于模糊状态。家庭农场属于一种企业组织,符合商事主体特征,它既不同于自然人,也有别于个体工商户和农村承包经营户,具有企业法人的属性,应将它定位为企业法人,并对经营者条件、规模条件和经营方式等主要准入标准加以统一规范。

As a new type of agricultural operating entity, the family farm is gaining rapid development all across the country. However, there still exist such problems as various types ot registration, diverse stanuarus, different confirmation process and confusing authority department. The thought that development goes first and administration comes after is serious, and the legal subject status is in the fuzzy state. The family farm is a kind of enterprise organization which is in accord with the business subject characteristics. It is different from natural person, also is distinct with the individual industrial household and lease holding farm households. It should be positioned as legal body of enterprise, since it possesses the property of the enterprise as a legal person. So it is necessary to standardize the main access standards, such as operator conditions, scale and mode of operation.