改革开放以后,我国在吸收外商直接投资数量上已连续多年处于发展中国家第一位和世界第二位,但在全部外商投资中农业方面的投资长期徘徊在2%左右。在近几年的全国招商引资中,农业所占份额越来越小,这与农业在我国国民经济中的基础地位极不相称。笔者认为,要改变这一状况,使农业在积极、合理、有效地利用外商投资方面取得新的突破,促进我国农业持续、稳定、健康发展,加强农业产业中外商投资的立法是当务之急。一、我国农业外商投资立法的现状现阶段,我国还没有系统、专门的关于农业外商投资的法律、法规,但在《宪法》、《农业法》、三资企业的立法以及一些部门规章和地方性法规中,对农 Since the reform and opening up, China has ranked first in developing countries and second in the world in the number of foreign direct investment. However, investment in agriculture in all foreign investments has remained at 2% for a long time. In the past few years, the proportion of agriculture in the country’s investment attraction has been getting smaller and smaller, which is not commensurate with the basic position of agriculture in our national economy. The author believes it is imperative to change this situation so that agriculture will make new breakthroughs in the active, rational and effective use of foreign investment and promote the sustainable, stable and healthy development of agriculture in our country. At present, there are no systematic and specialized laws and regulations on agricultural foreign investment in our country. However, under the “Constitution”, “Agricultural Law”, the legislation of foreign funded enterprises and some departmental rules and regulations Sex laws and regulations, on the farmers