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Study Of The Legal Issues Of Agricultural Products

Posted on:2006-01-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:H Z WangFull Text:PDF
GTID:1116360155959123Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the reform of rural economic system in 1979, there are remarkable achievements in China's agriculture and rural economic development: the investment in the agriculture increases, the investment return is improved, the agricultural infrastructure becomes better, the output of main agricultural products increases dramatically, and the supply and demand in the domestic agricultural product market is balanced; the structure of agriculture is optimalized, the scientific level of the agriculture becomes higher; the export of agricultural products increases, the export structure is better, and the comparative advantage becomes more obvious. However, the current situation of China's agriculture and rural area is not very satisfactory, which has been reflected in the slow development in the agricultural product of industrialization of agricultural production, the establishment of circulation market, and the integration of trade. It has further affected the improvement of the competence of China's agricultural products. The present development of China's agriculture and rural economy has, to a great degree, been subject to the agricultural legislation. There are a number of problems in the current legislation of agricultural product, and these problems include: the insufficiency of legislation, which is not suitable for our status as big agricultural nation and for the basis status of the agriculture; the legislation lags behind the requirement of agricultural development; it has strong remains about the planning management, which are hard to satisfy the requirement of the market economy; the role of policy and principle is very obvious, the role of regulations and rules is not satisfactory and the practicability is to be improved.In Western economics, there exists the argument for or against intervention by the state. The economic law has also developed progressively from the interaction between the state intervention theory and the doctrine of free economy, and become one important way by which the state intervenesthe economy. The consistent development of economy has made the people gradually realize that the theory of free economy and the policy of state intervention are not perfect, and that both of them have flaws which are hard to be cured. Therefore, these two policies shall work together to learn from each other and to ensure the steady development of economy. And one of the important objectives of economic law is to define the scope and limit of the "need" of state intervention. However, for quite a long time, the function of the country is essentially regarded as a conclusion-of-course in the study of economic law; it lacks the in-depth analysis of the scope and limit of the economic function of the state. If this viewpoint could not be corrected, it may affect the evaluation of the economic legislation and its enforcement. Therefore, this dissertation has adopted the theory of state intervention to analyze the obvious legal issues in the process of industrialization, the establishment of market, and the integration for China's agricultural products. In order to realize the industrial development of agriculture, the financial input to the agriculture should be increased. The basic status of agriculture and its certain features have made important the fiscal input of state into the agriculture, i.e. the support and protection of agriculture by the public finance. The theory of public finance has proved the necessity of the protection of agriculture by financial means from the following six aspects: the basic status of agriculture, the vulnerability of agriculture, the nature of agricultural production factor as public product or quasi-public product, the speciality of the supply and demand of agricultural products, the relative comparative interest of agriculture, and the challenge to the agriculture after the WTO accession. However, the protection and support shall not be arbitrary and blindfold, which are subject to the agricultural production and business situation and certain international rules. The Agreement on Agriculture under WTO is the main international rules in this field, and it has divided the domestic support measures into two categories: one is the "Green" or "Greenbox" policy which would not lead to the trade distortion, and is free of the reduction commitment; the other is the "Amber" policy which leads to the trade distortion. The Agreement requires the members calculate the money value of the measures by Total Aggregate Measurement of Support (TAMS), and gradually reduce them. In accordance with relevant WTO rules and in view of the experience of certain developed countries in the financial support and protection of agriculture, the author puts forward the suggestion for the perfection of China's agricultural financial support system, and points out that the major method of government agricultural support and protection shall develop from former administrative measure to the legal regulations. ' Therefore, the perfection of protection of agricultural system by financial support would mainly rely on the perfection of relevant laws, and the concrete measures include raising money from various sources, increasing the total amount of agricultural input while the proportion of total agricultural input in gross agricultural output value increasing gradually each year, making full use of subsidies allowed by WTO, strengthening the support to agriculture, perfecting the "green box" support system as well as properly utilizing the "Amber" policy, reforming the rural tax and fee system, reducing the burden of peasants, supporting the development of agricultural product professional cooperative agencies, promoting the legislation regarding related professional cooperative agencies, establishing the mature rural financial support system, establishing and perfecting agricultural policy-oriented insurance system, and regulating the obligations and rights of parties to the agricultural insurance in the form of legal rules.The circulation of agricultural products is the precondition of the introduction of market system into the agricultural field, and is an important part of the uniform socialist market. After the establishment of the socialist market economy, China has initiated the process of establishing the circulation market for the agricultural products and made great achievementsin many aspects. However, in comparison with the development need of the socialist market economy and other part of China's uniform market, China's development of the agricultural product circulation market is still at the early stage. It is essential to adjust the circulation of agricultural products in accordance with the laws in order to rapidly establish circulation market of agricultural products, remove the malpractice of unsteady policy of adjusting market, smoothly realize the principle of balanced interest, and ensure the market subject qualification of Chinese peasants. In comparison with industrial product and service product, agricultural product is characterized by its features in certain aspects such as the product itself, production relations, supply and demand, and market as well as price, which affect the circulation of the agricultural product greatly. Given the analyses of characteristics of agricultural product, the author puts forward the legal adjustment scheme of China's circulation system of agricultural product in allusion to the present problems within the system, which mainly includes perfection of governmental macro-control and regulatory mechanism so as to change governmental management system from segmentation into centralization and governmental function from controlling to serving; promoting the reform of price system of agricultural product in accordance with laws by transforming pricing system for main agricultural product, taking appropriate protective measures, striking the balance of price of main agricultural product between national and international market, and deepening the reform of purchase and sale system of agricultural product; perfecting circulation market of agricultural product in accordance with laws, in particular the system of wholesale market and country market; strengthening the reconstruction of circulation organization of agricultural product; effecting reform based on classification, clarification of relationship and responsibilities of supply and marketing cooperative, rural cooperative marketing organization, agents, and management entity with the integrationof trade, industry and agriculture.Strictly speaking, foreign trade in the field of agricultural product should be part of the circulation of agricultural product. However, since China lways regulates the domestic circulation and foreign trade of agricultural product respectively, in addition, after the WTO accession, the foreign trade of agricultural product would be more directly influenced by the international control and regulation of international trade rules and world trade integration process, this article discusses the issue separately. In this part, the author firstly analyzes the international competition edge, points out that China's agriculture product is good at total output value and its growth rate, cost and domestic market share, and that it is in an inferior position in the research and development input, the ratio of scientific personnel, labor productivity, product quality and international market share. Moreover, there are more disadvantages than advantages for the competitiveness of China's agricultural products. Therefore, we shall adjust the our trade system in accordance with the WTO relevant rules so as to make China's agricultural products adapt themselves to the increasingly fierce competition, and keep pace with the integration of world trade. For this reason, the author has further listed the relevant WTO provisions of Agreement on Agriculture, SPS Agreement, TBT Agreement. Subsequently, in combination with the "international adjustment" theory and taking these three Agreements as blueprint, the paper thoroughly reviews the market access rule, export competition rule, sanitary and phytosanitary rules of agricultural products, and the technical rules of agricultural products, and it also summarizes the issues. Eventually, the author has put forward the concrete ways of adjusting China's trade rules in accordance with WTO rules: firstly, with regard to the market access rule, adjusting the import tariff structure of agricultural product, establishing proper tariff system, perfecting the tariff quota system; improving the method adopted by state enterprises, lowering the degree of monopoly; making fulluse of special safeguard articles, preventing the excessive import of agricultural products; taking necessary measures to make China's agricultural product enter into markets of other nations. Secondly, with regard to the sanitary and phytosanitary rules of agricultural products, establishing the uniform coordination agency for SPS Agreement, perfecting China's relevant standard system which should be reflected in the laws, fully utilizing the function of entry-exit inspection and quarantine, enlarging the export of China's agricultural products, protecting the safety of the domestic agricultural production and the good health condition of the people. Thirdly, in terms of the technical rules of agricultural products' establishing the uniform national coordinating system of technical measures; establishing and perfecting of the technical legal system and of standard system, establishing the uniform national authentication and approval system; establishing the early-warning mechanism for technical barrier to trade; establishing the risk analysis system; speeding up the scientific development in enterprises, improving the capacity of technical innovation; adjusting the industrial structure of agricultural product, devoting major efforts to developing organic food; improving the export operation pattern of agricultural product, developing the "green" marketing of agricultural products.Based on the analysis and study in the dissertation, the basic legal structure regarding agricultural product issues could be established, the extent and limit of state intervention into the agricultural economy has been solved, and the theory of state intervention has been analyzed and enriched by the substantial evidence. It is safe to say that the institutional basis of the industrialization of China's agricultural production, the marketisation of circulation, and the integration of trade have been established and perfected by the study in this dissertation.
Keywords/Search Tags:Agricultural Product, Agriculture, State Intervention, Agricultural Law, Agreement on Agriculture under WTO
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