Research On Legal System Of Promoting The Development Of Family Farm

Issues relating to agriculture,rural areas,and rural people should have a central place on the work agenda of the Party.Socialism with Chinese characteristics has entered a new era,from the new historical starting point and the new era,the development of agriculture,rural areas and farmers has become the focus of social and economic construction.The report of 19th CPC National Congress put forward " the strategy of rural vitalization",which shows the important strategic position of rural vitalization in the national blueprint.The development of agriculture and rural areas,which are related to the country's economic prosperity and sustained stability,are the important guarantees for the balanced development and common prosperity of urban and rural areas.At present,the process of urbanization is advancing rapidly,the rural laborers transfer to cities and the traditional agricultural management mode can't meet the requirements of the development of the times and need to be transformed into modern agriculture.Under the reality of arable land shortage and low agricultural productivity in rural areas,developing moderate-scale management is an optional path,innovation of agricultural management system has become an important part in rural reform.The construction of system of new management subjects that includes family farms as its main body and includes a variety of management entities such as farmer cooperatives and agricultural enterprises is the main content and task of innovation of agricultural management system.As the basic unit of agricultural production and management,family farms constitute the basis of agricultural management system and have overall significance for the innovation of agricultural management system.This paper discusses the family farms from the nature of the family farms,the value and the development theory.Based on the comparative study of family farm system abroad,this paper attempts to establish the theoretical framework of the family farm according to the specific conditions of our country and to promote the systems for supporting and protecting family farms,to explore the localization of development path.At present,family farms are in the initial stage of development and there is theoretical controversy,the study of family farm system can help us understand the essence and characteristics of this new type of management subject and promote the construction and perfection of the legal system of development of family farms.The first chapter of the paper explains the definition of family farms,introduces the definition of family farms originated from Europe and the United States,and defines the family farms in our country as new subject of agriculture management,defining from connotation and extension.The paper compares the difference between family farms and cooperatives,agricultural enterprises and other business entities,and clarifies its dominant position in the new agricultural management system.The second chapter of the thesis traces the historical development and trend of the rural management system from the perspective of history and presents the significance of rural management innovation to the rural economic development.Family management is the foundation of our agricultural management system since the China's reform and opening-up,family farms are the inheritance and innovation of household contract responsibility system.Family farms originate from practice which is the choice of majority of rural people,developing from self-sufficient peasant economy to market-oriented,Large-scale management forms is required by modernization of agricultural.The paper analyzes the current status of family farm policies and legislation,and conducts empirical research on the practices of family farms to reflect the business innovation model and problems in family farm practices.The third chapter of the paper makes study on family farm system in the United States and Japan to explain the legal issues of family farms,such as the certification standard,organization form and ownership structure,and explain the anti-corporatism theory and the system for supporting and protecting agriculture.Learning from family farm system of other countries,it is proposed to be cautious of the trend that capital enter into rural areas,and protect the living rights of farmers ensuring proper guidance and control over capital going to the countryside.In addition,the system of ecological resources protection set a good example for the development of family farms,establishing an effective environmental monitoring system,infiltrating the concept of environmental protection into the family farm system,and promoting the sustainable development of agriculture.The forth chapter of the paper presents the theoretical foundation of family farm system from the perspective of law and economics.According to the theory of subject of civil law,we stand for the point of view that family farms can be compatible with the traditional civil law subjects,and clarify the legal status of family farms and the choice of organizational form.Based on the human rights theory with the right to subsistence and the right to development as the core,we need to explain the necessity of promoting rural reform and prospering the rural economy from perspective of human rights.In addition,the paper introduces the theory of transaction cost and its application in the theory of property rights and institutional change,and interprets the development of family farms from the perspective of property rights and institutional changes.The fifth part of the paper clarifies the choice of legal status and organizational form,and defines the requirements of family farm which include operation by family members,income from agriculture as the main source of income,and proper scale management.In view of the controversy over the legal status of family farms,the paper argues that family farms are agricultural economic organizations which can be compatible with the multiple subjects of private law.The existing civil law theory can accommodate this new subject of agricultural management,and family farms can be registered as sole proprietorship,partnerships,limited liability companies and other types so as to obtain the market subject qualifications.Land ownership with clear property rights and smooth flow of circulation is important guarantee for the development of family farms.The sixth chapter of the paper discusses the basic supporting role of land system on the development of family farms and the difficulties in land transfer.The policy goal of "separation of three rights relating to agricultural land" is to establish a well-structured rights system and fair trade mechanism.The paper puts forward to develop land management rights as the core of agricultural land reform,and explains the theoretical basis and practical necessity that land management rights should be clearly defined as real rights.The policy of"separation of three rights relating to agricultural land" can not meet all the requirements of land security for the development of family farms,the paper proposes to improve the system of land contract and management rights,improve the supply of construction land and provide the social security for the farmers who transfer land.The seventh chapter of the paper evaluates the supporting policies of family farms on finance,taxation and finance,discusses the improvement of fiscal and taxation support system,financial support system and social service system,so as to ensure the institutional development of family farms.The eighth part of the dissertation discusses the ideas of improving the legal system for development of family farms.According to the status of family farms and the status quo of legislation and practice,the need to improve the system for promoting the development of family farms was elaborated,the path to improve the protection of farmers' rights and the optimization from the legislative technical level was clearly defined.Finally,based on the legal system that promotes the development of family farms,it puts forward suggestions for defining the legal nature of family farms,improving the rural land system and supporting system.