家庭农场治理的法人化进路与现实选择

The legalization approach and realistic choice of family farms governance

家庭农场作为新型农业市场主体并未上升至法律概念。其法人化治理模式是当下农地产权明晰、土地流转频率加快背景下发展集约化、现代化家庭农场的适宜选择。家庭农场资产构成种类较为单一,以家庭承包土地或通过入股、转包等方式受让的流转土地为主;农户家庭成员和家庭农场成员是2个独立的概念,家庭成员成为家庭农场成员除了应当具备当地规定的户籍等特定条件外,还应遵循自愿原则;家庭农场以家庭经营为主,但不排斥外来投资。在构筑法人化治理模式时,尤其是在表决权上,宜将家庭农场中家庭成员与非家庭成员的股东权利区别对待;在机构设置上,非家庭成员股东不宜以董事身份参与农场日常经营,但可作为家庭农场监事或由董事会聘为高级管理人员。

Family farms as the main body of the new agricultural market have not risen to the legal concept.The corporate governance model is an appropriate choice for the development of intensive and modernized family farms under the background of clear agricultural property rights and accelerated land transfer frequency.The assets composition of family farms are relatively singular,mainly in the form of household contracted land or transferred to land through shareholding and subcontracting.Farmer family members and family farm members are two independent concepts,and whether family members become family farm members should not only meet the specific conditions such as household registration,but also follow the voluntary principle.Family farms are mainly family business,but do not exclude foreign investment.However,when constructing a corporate governance model,especially in voting rights,it is appropriate to treat the rights of family members and non-family members'shareholders differently in the family farms.From the institutional setup,because non-family members′shareholders are not suitable to participate in the daily operation of the farm as directors,they can be used as supervisors of family farms or employed as senior managers by the board of directors.