农村承包经营户破产能力证成与实现路径

Proof of Bankruptcy Capacity of Rural Contracted Management Households and Path to Realization

我国“三农”领域基础法律制度是“三农”法治化发展的重要支撑和保障,但在回应建设高效农村市场、健全统一市场规则和制度体系方面仍显不足。农村承包经营户作为我国农村市场中占据绝对多数的生产经营主体,其市场退出机制至今仍处于缺位状态,一旦陷入债务危机,则难以顺利退出市场。因而,有必要对农村承包经营户破产能力问题进行证成,探讨其破产能力的实现路径。对此,一方面应从经济学理论维度、国家政策维度与法学维度,论证农村承包经营户的破产能力;另一方面,应在公法视域下,确定赋予农村承包经营户破产能力的基本遵循,探寻农村承包经营户破产的立法模式,明确《个人破产法》中农村承包经营户破产适用规则的特殊性以及农户破产后的土地经营权处置,全面保障我国农村承包经营户的合法权益。

The basic legal system in the field of“three agricultural problems”in China is an important guarantee and support for the development of the rule of law in the“three agricultural problems”,but it is still insufficient in responding to the construction of efficient rural markets and improving the unified market rules and institutional system.As the absolute majority of production and operation entities in China’s rural market,the market exit mechanism of rural contracted management households is still in a state of absence,and once they fall into a debt crisis,it is difficult to smoothly exit the market.It is necessary to prove the bankruptcy capacity of rural contracted management households and explore the path to realize their bankruptcy ability.In this regard,on the one hand,the bankruptcy ability of rural contracted management households should be demonstrated from the perspective of economic theory,national policy and law.On the other hand,from the perspective of public law,it is necessary to determine the basic compliance of the bankruptcy capacity granted to rural contracted management households,explore the legislative model of rural contracted management households bankruptcy,and clarify the particularity of the applicable rules for the bankruptcy of rural contracted management households in the Personal Bankruptcy Law,and the disposal of land operation rights after the bankruptcy of rural households,so as to fully protect the legitimate rights and interests of rural contracted management households in China.