Font Size: a A A

Research On Some Agricultural - Related System In The View Of Economic Law

Posted on:2015-01-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H QinFull Text:PDF
GTID:1106330467467743Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Traditionally, farmers and small-scale production methods combined withthe lack of forward-thinking, teamwork and social adaptability, agro-basedsystem should be based on government guidance, the key issue is the way thefarmers’ co-operative lead ultimately to achieve agricultural country changes inindustrial countries.The main legal form of economic law on the regulation ofagriculture-related issues is to encourage, promote government intervention inagriculture-related issues.Since Chayanov found economic and organizationalcapacity of farmers Schultz discovery efficiency of resource allocation afterfarmers, farmers’ problems caused rational academic attention.ModernEconomic Law believes that the system must build agro-based rational farmersand agricultural modernization through government guidance and elements oforganizational functions, and constantly improve the level of farmers’ rationaland promote the integration of urban and rural development.Prophesying, theagricultural system is the product of organic farmers and governmentintervention rational combination.Chinese farmers in the long-term production activities continue to developtheir rational ability, and ultimately in our country in order to establish a basis ofhousehold contract management, combined with the system of two-tiermanagement system, establish the foundation of the system of agriculturalsystem.In the household contract basis, giving the country a member of the rightto collective economic organizations of farmers, land contract and managementrights, farmers homestead collective construction land use rights and incomedistribution rights.Under the modernization of agriculture and rural developmentrequires the integration of national legal norms by way of policy guidance andmarket mechanisms to encourage farmers’ land contract management rightstransfer, land use right of farmers to protect revenue from property andcollective management of construction land market operation.In this paper, the rural land system as the center to explore the developmentof a rational and national peasant farmers rational refining process, they jointlypromote the agricultural system in the basic trajectory and direction ofdevelopment.As the land is the source of all wealth,the most important issue is the land inagricultural country.The survival of farmers, landowners living, bureaucraticsalaries, military support, and maintain imperial power are all dependent onfarmers’ income derived from the land. The object of labor and land as source ofwealth are the common feature of all countries in farming era. In modernsociety,we are still dependent on the farmers’ income from the land to support our basic living.In China, because of the conflict of more people and less land, the issuesof land and farmers are even more prominent than any of the other powers.How to support a large population in limited land is not only a fundamentalproblem farmers have to face every day, but also a major problem landlords,bureaucrats, military and imperial power must face. The basic issue is still theagriculture since China’s entry into the modern society. With limited land tofeed the quarter population in the world is not the most impressiveachievements, but also most compelling human rights record.Since entering the modern society since, how to evaluate the relationshipbetween farmers and the land between the superstructure, began to enter themodern evaluation system. As a modern scale, ration have begun to be appliedto the farmers of agricultural community and the evaluation of modern society.Using the ration as a scale to evaluation the farmers is not a perfect theoreticaltool, which will inevitably lead to what you want is suspect. But with respect tothe imperial toolbox of agricultural society, the rational scale has theimpartiality or be better.Before the1920’s, farmers are portrayed as irrational image, which does notmeet the characteristics of modern social rationality. In1920s, Chayanovdescribed the image of a Russian peasant-style of a rational, which arousedgreat interest of Western academia, but still believe that this description does notcomply with the fine image of Western farmers, Western farmers image or a"sack of potatoes in a potato." In1960s, in the reflection of modern society,especially during the critique of capitalist society, scholars represented byTheodore W.Schultz retrieved it "bag of potatoes," a closer look at carefullywiped After this "generation potato" off the dust it found a "potato" on therational light. Therefore, the rational farmers formated a discourse system ineconomics, sociology, political science, law and other disciplines.Chinese farmers appear rational discourse is accompanied by Chinese forcedinto the threshold of modern society, relatively speaking, Chinese and foreignscholars concern for Chinese rational farmers will have much more lasting. As aresult of a variety of competing ideologies, before the reform and opening up,Chinese farmers do not form a rational discourse system. After the reform andopening up, the success of rural management system has greatly promotedChina’s modernization process. Rural operation system known as "Chinesefarmers great creation," the Chinese revolution "took place from the edge of therevolution." Farmers become rational academic discourse, which enters intothe world evaluation system.Rational discourse opens up a re-evaluation of Chinese peasants, and theevaluation of farmers enters into another "conceptualization writing" era. "Irrational" age "conceptualization writing" no rational ability of farmers on thewhole system. Peasants are generally described as ignorant conservative image,which portrayed as a group of farmers to save and wait to receive the object ofeducation. When people chew each one mouth food, tongue tasting every dish ofvegetables, gastrointestinal enjoy every piece of meat,"irrational" and"conceptualization writing" is feeble. When the Age of Reason"conceptualization writing" completely certain institutional rational ability offarmers, but the lives of people enjoy modern comfort and convenience, howmany people are willing to return to the agrarian age?Age of Reason for Chinese peasants’ conceptualization of writing "hassignificant aesthetic features. Especially in view since the reform and opening"China miracle" creative subject, the image of Chinese farmers are rationalaesthetics into a national spirit. Who can really feel the suffering of Chinesepeasants have? Who can understand Chinese farmers are experiencing thesituation? Any reductionism of "conceptualization writing" Chinese farmers areunable to portray the image of rationality.Chinese farmers than any rational image of modern man can imagine muchricher, much more complex. Chinese farmers’ rationality is a complex structuralsystem is a combination of various basic elements are the basic value judgmentsbased on Chinese farmers and behavioral choice. No one would deny thathistory is created by the people the truth of this assertion. China two thousandyears of feudal society and modernization process itself is a hundred years sincethe body of a farmer is constantly unfolding historical picture.Many rational description about farmers as farmers are embedded in thesocial structure of the network in a passive labor and suffering of those who,while Chinese farmers’ ability to promote the rational basis for institutionalchange in position is an understatement. Of course, we are not referring here todescribe farmers in political science and history, in both areas, farmers’ ability toshape the system or be lifted too high, too low or be demoted. We are talkingabout Chinese farmers how to use their ability to shape the basic form of therational Chinese economic system.To accomplish such a task is extremely difficult academic, as an attempt, thepaper must use the social history and the history of ideas combination ofmethods, components sociology of knowledge will become more important.Since rationality is a modern concept, with its examination of the property mustpay attention to restate farmers academic history. Restatement of academichistory aims to discover about the Chinese peasant farmer rationality and rational system of knowledge in a particular way pedigree write historicalbackground. Write a history of the process of a rational system of Chinesefarmers pedigree can be expressed as a signpost and a witness of the past, butalso indicates the future.History has proven that the government has no right to write the orderwishful thinking upset this lineage, and the function of economic law iswritten in order to meet the requirements of its own logic. Of course, we can notignore the important functions of government in the economic organization ofthe elements, which is becoming increasingly critical in modern society. Twosuch condensed principle is certainly not enough, many of the characteristics ofrational farmers might slip from the mesh structure in this dissertation, but thebeginning is important, and the author can only be regarded as a rhetorical styleof relief.Based on the above understanding and positions, the dissertation includesrational discourse, rational discourse farmers system, system of rationaldiscourse of Chinese farmers, land rights, property rights. Logical structure ofthe text is in accordance with the existing retrospective reflection academic wayarrangements. Rational discourse, rational discourse and Chinese peasant farmerinstitutional system of rational discourse chapters focusing on academic contentto repeat history, the end result is that different academic perspectives throughrational discourse analysis system to extract the Chinese peasant rationaldiscourse basic ideas, methods and knowledge basic position. Land tenure andproperty rights both validation of these basic ideas, methods and basicunderstanding of the position, but also on the history of Chinese farmers logicaland rational system of modern manifestations started. Affirmative problem initself should be an inevitable logic of this structure, but because the problem isnow only a small start, stays in the ideological field, can not be viewedaccording to the method of this paper, it can only be left to follow.Real estate and property rights are the focus of the book, described as in thebasic content of each chapter is necessary before the first two chapters of thebasic ideas of doing a short comb. The use of land, use of natural conditions, theuse of the body, the family’s use of the superstructure of use, the use of contractfarmers constitute the main content of everyday life, adaptive efficiency isrational system of the salient features of Chinese farmers, This is the relationshipbetween human and land rights during exercise was particularly significant.Sabotage, boycotts, riots, rebellion, slavery change constitutes a major uprisingand revolution abnormal behavior during the peasant revolutionary regime isrational and Chinese farmers a significant feature. Although the system is very rational state during the Chinese peasants in the long course of history is just oneintermittent historical event, but it is not and should never be ignored for thereconstruction of functional social structure, which shaped the basic frameworkof the daily life of farmers and superstructure basic principles. It softens theautocratic feudal society property, which also makes the landlords under normalconditions the amount of control had to be exploited within the scope of farmersto endure. Because fewer people and more contradictions extremely prominentfarmers in their daily lives built up an extremely fragile economic balance, alittle movement in natural conditions and social relations is likely to break thefragile balance between the economy, famine, refugee, uprising and dynasticchange of the Chinese nation can never erase the collective memory. Nation inthis pendulum movement in the glory and the dream cast, suffer decay andsuffering. Shun Sang and riots, reconciliation and conflict, Chinese farmers withthese remarkable qualities knocking on the door of modern society. Heavy body,tired body, always longing for a hard labor "land to the tiller, Home Ownership,"the ideal world. The ideal of equality in modern society can only become areality, but the wheels of history is much slower than we imagine.The first chapter discusses rational discourse.Reason is a significant symbol of modern society, rational discourse is thebasic analytical tools of modern life, but rational discourse has a long historyand tradition characterizes the complexity of the system.The rational thinking human gaze fondly toward the first rays of the respect fornature. It should be said, cultivators of reason and rationality are naturallyisomorphic, the two can not deconstruct intertwined. No matter how the socialsystem arranged directly with the cultivators of land close to the people.Man-land relationship constitutes the first attribute rational peasant regime.Farming system originated in the relationship between people and the land.Tillage, fertilization, irrigation, sowing, harvesting, storage; season, croprotation, hunting, farming, disaster, au pair, textile refinement of everydayintermediary between man and land.Since humans will turn their attention to how people should live this theme,the relationship between people who will be embedded into the groundrelationship. The relationship between man and the land is no longer aself-evident natural relationship, but rather a need to prove that social relations.Possession of the land through which dominate relations between cultivators andland class society has become the norm.The late primitive society, prisoners of war and insolvency clan membershave been defeated along with the land and natural creditors as slaves. Slavery is a common tool of the cultivators form of society. However, the role of slavery inthe land of flesh A naturalized tool. Feudal society is a division of farmers tomaximize the social form of land revenue system. Just a direct effect on farmers’land, the supply of the ruling class of physical pleasures of life. Capitalism is asocial form alienate farmers and land relations. Although the process with thefeudal society in the fight against weapons of peasants into the bourgeoisie, butmost farmers can not escape the final separation from the land of destiny.Socialism is the name of a state or collective ownership of land among thepeasants and social patterns of land revenue sharing. These basic conclusionsonly certain dominant characteristics of the social system, the details of thehistory is much more complex than this sketch.Since the Enlightenment, rational discourse has established itself as anideology historical position, especially science and technology innovation bringsbenefits further confirmed the core of rational discourse. In a furtherdevelopment, it was discovered that rational discourse is a system full ofloopholes and multiple miscellaneous competition, the only opposition torationalism no longer so harsh, but the real issue is not to deny the rational, butto admit rational discourse diversity, in the final analysis is to recognize thediversity of life in a rational identity.The academic reconstruction work is clearly not redundant, the purpose ofthis work is intended to explain the rational life in modern society is not uniqueto the agricultural community also has its own rational characteristics; rationallife is not unique to the West, China Agricultural Society also has its own uniquereason. These two basic conclusions constitute the starting point for the logicalunfolding.The second chapter discusses the system of rational discourse farmers.Since the rise of the bourgeoisie and master the right to rule after the bourgeoiscapitalist mode of production and will be interpreted as synonymous withlifestyle rational, refused to recognize the characteristics of other social forms ofrational and non-Western societies. А.'.Чаяновprecisely reflect on thebasis of this ideology, through the analysis of empirical investigation proved theexistence of a rational Russian peasants, thereby challenged the rationalism ofWestern bourgeois ideology. At the same time, the first Western scholars in thefield of sociology, economics found in the area after the Western bourgeoisideology of rationalism many loopholes in the1960s, in the process of reflectionideology of Western bourgeois rationalism, economics farmers’ field to confirmthe existence of a rational, shattered the myth of Western bourgeois rationalism. This chapter were restated the Marxist tradition, tradition and formalismentity different from the traditional ideas and theories about the farmer rational.Although the ideological divide exists between them on, but all recognize theability of farmers rational system.Based on the lack of in-depth study of Eastern societies, Marxist classicalwriters also admit them about the problems of farmers conclusions apply only toWestern Europe. Marxist tradition on the issue of farmers behave rationallyhesitant. In the political sphere, they think farmers have rational potential, but donot have the basic conditions for the formation of a rational system must bedecentralized in order to form a rational farmer institutionalized power by theproletariat organized rationally. Prophesying, the farmers have largelyincomplete rational nature.In the economic field, they think farmers represent a backward mode ofproduction, this mode of production in the new social conditions should bethoroughly broken. The best form of production organization that they canprovide citizens commune, commune and prototypes directly from the citizensof Russia intact rural communes. Because the farmer rational Marxist classicalwriters or blurred, or heart grudges, so the damage in the pursuit of socialistcountries in the process of economic modernization in varying degrees over theinterests of farmers, farmers’ hurt feelings, too restrictive members of farmers’citizenship, still left a deep social stigma. This article recognizes the right to geton the ground, flat on stratification and civil rights issues, we still need to usethe Marxist tradition to give a reasonable explanation. But for the system ofrational capacity of farmers and farmers for the economic system of a country’scontribution and the contribution of the Marxist tradition requires its owndevelopment in order to better explain.Between entities inextricably linked with tradition and Marxist tradition. Inthe demonstration farmers are rational and rational system capacity of farmers,the entity tradition with a clearer and firmer stance attitude. Of course, thephysical distinction between ideological tradition is obvious.Chayanov found Russian peasant rational bourgeois rationalist ideologystems from dissatisfaction. He found that farmers use their ability to not only beable to fully organize a rational economic elements of traditional agriculturalsociety, but also to strengthen cooperation under the new historical conditionsfor the new regrouping of production factors to create a more effective and moreequitable economic system. Karl Polanyi belong to the rationalist ideology of bourgeois "left" faction.He used the traditional method of political economy to the market economy hasbeen the concept of liberal critique of the system, so far, no one left out. He didnot specifically study the problem of farmers rational, but his ideas and methodssupported by many research groups and semi-commercial rural economicanthropologists.James Scott (The Moral Economy of the Peasant) analysis of the internaldriving force of social and economic problems of agricultural activities. Hebelieves that the fundamental driving force farmers to use disposable factors ofproduction is the survival of farmers rather than ethical issues to maximize theefficiency problem. He grabbed the traditional peasant mode of production andsocial life of the fundamental issues and explain the rational system of farmers,social relations, traditional culture, rebellion and insurrection and a series ofquestions based on this. Fatal flaw is no conclusive evidence of the moraleconomics of farmers in modern society for rational evolution of the type ofcontribution to the new system. Samuel Popkin is due to see through theeconomics of such a moral discontinuity occurs only with long-term debate. But"rational peasant" theory no rational ability to farmers in the new system ofsocial conditions on how to explain the evolution of the system problems.Formalism traditional farmers and the public to have a rational explanationrational similar reason. Schultz represented in the form of tradition that both thetraditional society or in the modern society, farmers have as much publicrational ability. In traditional society, farmers can take advantage of bothproduction and social conditions rational organization of production factors, theutilization efficiency of its production factors is sufficient. In modern society,farmers have the ability to fully adapt to the new situation and conditions. Land,capital and labor of the three elements, the improvement of the labor force is themost critical element of transforming traditional agriculture to modernagriculture, therefore, for farmers to invest in the most profitable investment.Formalism for the analysis of the status and role of traditional farmers in themodern market economy is important. In class analysis and market economysteadily retreated background formalist analysis framework for improving thestatus of farmers with appropriate theoretical adaptability. Formalist analysis inthe field of economics affect most extensive and profound.Chapter III discusses Chinese peasant system of rational discourse.The presence of two opposing ideas in a rational image of Chinese farmers.According to the traditional notion "small farmer" image depicts peasantrationality. Traditional "peasant" idea that Chinese farmers are under long-term economic self-sufficiency in natural conditions, lack of forward-thinking, lack ofcooperation, lack of social adaptability; central task of social transformation is toeducate the farmers, so that it has the spirit of cooperation and with themodernization adapt. Another view accordance with the "small farmer" imageportrayed Chinese peasants’ rational system of rational trajectory. In this view,China is not only based on the resource endowment farmers fully rationalorganizational factors of production capacity, but also the relationship betweenthe use of production capacity rationally adjust their behavior; Chinese farmershave a negative imprint of the farmers themselves are not the problem, but thespecific social structure farmers who are portrayed in the history of the mark.These two views are an ideal type, Chinese farmers can actually find thecorresponding rational evidence, the key issue is the different social conditions,and there are differences dominant characteristic peasant rationality presented.Theory of Rural Construction in Liang Shuming represented with specialemphasis on the fundamental position of Chinese farmers in the social structure,especially highlighting the key role of China in the Chinese community mentaldisabilities in the transformation. Liang Shuming think the biggest problem islax Chinese farmers, due to the lack of organization, the economy is notself-sufficient, autonomous society does not, politically self-reliance. Hebelieves that the representative who is rational, to reform Chinese society, wemust inherit the Confucian tradition, give full play to the role of disabilities.China’s biggest problem is that farmers, therefore, must play an educational roleby taxi, so undisciplined farmers overcome problems, the formation ofpartnerships at different levels in order to achieve social and economicself-sufficiency in China, social autonomy and political self-improvement goals.Micro-sociological theory, represented by Mr. Fei believes Chinese farmershave shaped micro-social structures and systems to adapt to social changerational ability. Mr. Fei believes all the time: Chinese farmers can not only adaptto the traditional social structure and conditions of the peasant economy, but alsoto adapt traditional society to a modern society changes and market economy.He observed that the spirit of cooperation with Chinese farmers in the transitionfrom the old unconscious process. He believes that the most fundamentalproblem is to solve the problem of Chinese peasants land, the land issue is thefundamental way to solve the farmers’ hunger and poverty. How the most crucialpoint is to solve the problem of farmers and rural incomes. He highlighted theinstitutional capacity of farmers on the basis of a rational structure in a differentposition in the social structure. He believes that the state should provide anappropriate economic condition and political conditions, farmers’ ability to get arational system development at different levels. State agriculture industrialization theory to Mr. Pei-Kang Chang isrepresented in the negative "founded on agriculture" and the "third way"established on the basis of the "working nation" road. He considered poor andbackward agricultural country to embark on the path of economic development,achieve economic take-off ideal, you can not go "founded on agriculture," theroad, because despite the fundamental position of agriculture in the economy ofthe country, but agricultural production due to its low productivity, but can notmake the country out of poverty and backwardness. He is also in favor of thefirst to be based on the development of rural village handicraft industry, thedevelopment of modern industry and then slowly "third way." He consideredpoor and backward agricultural country must follow the path of industrializationand economic development while building cities and rural industrialization, thisroad is an agricultural country road to industrialization.Mr. Philip Huang proposed evolutionary growth theory. He believes thatChinese traditional agricultural show "high land productivity and low laborproductivity," a combination of such a prominent feature. He believes thatpeople will be less due to the limitation of natural endowments, labor hasbecome an alternative reason for the high productivity of the land. Low laborproductivity is mainly formed by three reasons: First, smallholder familyfarmers produce for survival, not for profit, production, diminishing marginaleffect does not work on the family farm. This is a phenomenon of hiddenunemployment essentially farmers; secondly, on the family farm, the farmerplanting a variety of ways through decentralized operational risks and improveland productivity through flexible labor arrangements way to achieve economicbalance. Third, because a large number of rural surplus labor can be no transferof non-agricultural industries, to take advantage of the flexibility of operatingthe farm land productivity and employment guarantee, so there is no technicalalternative form of intrinsic motivation; Meanwhile, the pro-between with thefeudal system and the sex, they put some capital for links between the feudalsystem; addition, because the land is higher than the profit of business profits,put part of the capital shifted to commercial areas. Therefore, the potential itselfhas capitalized operating smallholder farm production eventually emergedreproduction cycle, there has been the development of reflexive logic.G. William Skinner as the representative of the common market on the viewthat the relationship between the peasant economy and the rural marketnetworks are complementary. He believes that the rural market is not only thefarmers of production distribution center, also in exchange for agriculturalproducts, or interpersonal place. In the peasant economy in the rural market position and capabilities far beyond the scope of pure economics to examine,with the indispensable center. Rural markets are important structural features ofrural communities, rural communities in the rural market as the center of thedistribution. Connecting rural market has become the city’s historic ties,showing the future of peasant economy to a modern economy.Max Weber admitted based on traditional Chinese Confucian culture isrational, but it belongs to the type of rationality purpose, and the spirit ofcapitalism are worth rationality type. He acknowledged that China’sdevelopment of capitalism, but it belongs to the type of political capitalism, notbelonging to the type of liberal capitalism. The reason why such a result,ultimately attributed to the foundation of traditional Chinese culture. Thefoundation of all origins in the cultural patrimonial this economic and socialcommunity, whether farmers, landowners, businessmen, bureaucrats, soldiers, orthe royal family, are subject to patrimonial arrangement, the entire social andeconomic power are controlled by way of depriving farmers of property, a lot ofproperty has become a consumer resource rather than productive capital. State inaccordance with the logic of financial economics to maintain a large army and abureaucracy with defense capabilities, there is no factor of productionorganizational functions, not conducive to the logic of political economyexpanded.Chapter IV discusses land ownership.Land is the first condition of human existence, it is a general object ofhuman labor exists. Relationship between people and the land between the landrights of the first-level relationship, the relationship is the basis of the fact thatland ownership; relationships built up by land between people is the secondlevel of the relationship between land ownership, land ownership is also basicsocial relations. The second level of the relationship between land ownership isconducive to the promotion of the right to the first level to improve relations, butit does not eliminate the right to the first level relationships. Therefore, therelationship between land rights either from basic facts to understand theperspective, you can go to understand from the perspective of legal relations.Although this chapter is mainly from the right angle relationship to start thesecond layer, is mainly to understand the legal relationship from the perspectiveof land ownership, but this did not mean that the land rights of the first chapterhierarchy of contempt, on the contrary, this chapter has always The first level ofland ownership as a basis for understanding the relationship between theposition of the second level of land ownership relations. The basic facts weremuch less for the land rights movement in China has a fundamental role. This chapter is divided into three sections of land rights elaborated: Thefirst section discusses the theory of land rights for the analysis of the evolutionof land rights and land rights reconstructed to provide a theoretical analysis tools;Section II analyzes the evolution of land rights. Land rights movement isintended to reveal the functional differentiation of land rights promoted, toextract the fundamental role of the land rights of farmers in promotingfunctional differentiation and land rights movement; Section III analyzes thereconstruction of land rights. Reconstruction of land ownership is the inevitableresult of the feudal land ownership movement. Feudal land rights movementappeared insurmountable contradictions, Chinese farmers through peaceful orviolent to promote the reconstruction of feudal land tenure systems, to achievethe ideal "land to the tiller" and lay the foundation for the establishment anddevelopment of a new social system the economic base.Western countries, the evolution of the history of land ownership from the"possession", especially the "preemptive" began to develop. Whether in civil lawcountries or in the common law countries, the invaders for their original habitsinherited refined and civilized law and previous absorption of other laws ofcivilization, are accompanied by the invasion of "possession", which for theWestern land rights formation and development of alternative concepts havemeaning and lawless decisive influence. Deal with "possession" relationshipnecessarily requires legal intervention, the Roman Empire would not otherwisepeaceful, but also unable to establish the rule of order. Large-scale invasion ofthe Roman Empire is the way, the property "possession", especially the hugeamount of land occupied impossible to gradually establish land ownershiprelations by way of case law, the legal system must be establish...
Keywords/Search Tags:economic law, agricultural system, farmers rational
PDF Full Text Request
Related items