Economic Analysis On Legal Regulation Of Farmland Abandoned In Rural Areas

The core of economic development policy is the close relation of laws and policies.The progress of economic policy needs to be optimized at the institutional level and the coordinated development of both.The quality of the system is the prerequisite and the key to reform and development in general.A scientific and perfect system of rural rule of law is an inevitable guarantee for promoting a coordinated and healthy development of the agricultural production system,industrial system and management system.Thesis Study on the Problem of the legal regulation of farmland abandoned.That is to focus on the regulatory channels to solve the problem of efficient use of resources in the production system.Based on the theory of political rule,the theory of governing the country according to law,the theory of transaction cost and the theory of social change,the paper constructs the conceptual framework of the legal regulation of farmland abandoned.And on the situation of farmland abandoned in rural areas and the legal regulation of farmland abandoned.It is provided to study on the manifestations,causes and adverse effects of the legal regulation of farmland abandoned by using qualitative analysis and quantitative analysis of a combination of research methods.Based on it,the legal conception of perfecting laws governing the legal system of the protection and utilization of cultivated land in rural China and the management of farmland abandoned has been put forward.(1)The main content of the study1)Studied the legitimacy of the regulation on the farmland abandoned in rural areas.It is provided the theoretical basis for the analysis that Clarifies the governance of farmland abandoned problem in the political ruled,the economic development,the social change and the logic of governing the country level.2)Studied the current situation and problems of farmland abandoned in the research provinces.On the basis of the field survey data,the descriptive analysis and econometric methods were used to analyze the utilization of farmland contracted cultivated land,the effect of agricultural policies and the main reasons for the farmland abandoned.3)Studied the institutional reasons for the poor governance of farmland abandoned in rural areas.First,systematically sort out the laws and regulations,policies and so on that deal with the problems of farmland abandoned.Secondly,use qualitative and quantitative analysis of the four central dimensions from the four dimensions of the central government,local government,the mainstay of rural land ownership and agricultural management to build behavior model and decision-making model.On the basis of this,it puts forward the rural farmland abandoned regulation performance evaluation index system and the comprehensive efficiency measure of the DMU.Index to determine the effectiveness by establishing the model of Frontier Analysis,Data Envelopment Analysis(DEA)and comprehensive analysis of the input and output data Further under Constant Returns to Scale(CRS)hypothesis,considering the variable scale reward,establishBC~2model,empirical test its comprehensive performance by deap2.1 software.4)Studied the effect of ineffective legal regulation of rural land shortage problem.From the theoretical analysis,investigation and analysis,and econometric analysis respectively,the impact of the ineffective legal regulation of farmland abandoned,society,collective and some subjects of agricultural management are discussed.5)Put forward the idea of constructing the frame structure of the legal regulation of farmland abandoned.Governance of farmland abandoned problem must establish legal guarantee mechanism,government support mechanism,financial support mechanism and market support mechanism.The framework of the legal regulation of farmland abandoned was designed.(2)The main conclusions of the study1)During the three decades of reform and opening-up,further prosperous urban areas,industrial economy and the further development of the tertiary industry,the relatively low income of agricultural production,farmers choose farmland abandoned is a rational choice,is the inevitable social progress through the prohibition of legal provisions Can not solve farmland abandoned problem.The prosperity of the modern economy,represented by urban areas,requires a large amount of labor to be liberated from the land so as to ensure the labor resources of industry and service industries.Therefore,the deterioration of farmland abandoned has both policy reasons and economic reasons.2)The national conditions of our country's land resources,the national conditions of our country and the ownership of rural cultivated land determine that rational and economic decision-making by farmers will damage state and collective rights and interests and affect the country's strategic security and social stability.Compared with the world level,China's per capita land area is small,high-quality arable land is less,land resources pollution,destruction and waste are serious and effective protection and utilization of land is an inevitable choice;China's populous country's national conditions will inevitably require reliable food security,food security.The basis for guaranteeing lies in effective cultivation and harvesting.In addition to giving full play to economic functions,our country's rural arable land also assumes the pivotal social security function and needs to be properly disposed of.3)Advances in science and technology,technological development and further improvement of infrastructure have made it possible for a single agricultural undertaking to increase its production capacity.This has the foundation for reducing farmland shortage and promoting the efficient use of arable land.The advent of the era of equipment agriculture and the further improvement of agricultural infrastructure will enable individual households or agricultural enterprises to expand their production scale,cultivate more land and achieve economies of scale.Correspondingly,the original legal regulation is not conducive to the main agricultural economy to expand the scale of production under the protection of the law.There is a conflict between the right to contract and the right to operate.4)There are conflicting and contradictory issues in the existing legal norms concerning the abolition of farmland in rural areas,which have not achieved systematicness,completeness and coordination.Between laws and regulations,the laws of the upper and lower levels conflict with each other,and there are also contradictions between the laws of the same position,which have an inhibitory effect on the role of legal norms;between laws and regulations and between government regulations and laws and regulations Convergence and lack of coordination,and the specific implementation of the rules are often still above the laws and regulations;between the departmental rules,departmental rules generally exist between the vocal tune,uncoordinated,not unified,so that specific regulations in practice Difficult to implement.(3)Important point of view in the study1)The regulation of farmland abandoned problem is the coordination mechanism for peasants to pursue the contradiction between richer and better rational choice and national security and social stability choice.It is not only an economic issue but also a social issue or a question concerning political rule.It Is the key to the problem of farmland abandoned effective governance to how to effectively eliminate farmland abandoned in rural areas can not only ensure the farmers'need for a better life and a better life,but also ensure that the food security and social stability of the country.2)the legal regulation of farmland abandoned should be"limited"and"protection"balance On the one hand,it is necessary to restrain the owners of the ownership from interfering with the normal rights of the main body of the contracting rights and the normal operation of the main body of the management right,so as to limit the main body of the subrogation right from obstructing the main body of the ownership Rights and interests of the main body of the right to operate the right to restrict the main business of the improper management of infringement of the rights and interests of the main contracting rights and interests of the main rights;the other hand,to ensure that the rights attributive to protect the interests of the parties to achieve the relevant interests.3)The key to the legal regulation of farmland abandoned in rural areas lies in the innovation and improvement of the existing legal system,in coordination with policies,in giving full play to the subjective initiative of governments,enterprises and farmers and in achieving the organic coordination of macro-control mechanisms and market competition mechanisms.(4)The framework of laws and regulations1)Establish a clear regulatory objectives to ensure that the regulatory direction.Through laws and regulations,promoting farmers'desire to increase their incomes and realize a better life,it also promotes the effective use and protection of arable land,and promotes the effective operation of agricultural production systems,industrial systems and management systems so as to ensure that the national food security strategy is guaranteed and social stability is well established.2)Establish a scientific principle of regulation and clarify the scope of regulation.Based on the principle of the unification of the law,the principle of appropriate intervention,the principle of fairness,the principle of prohibition of abuse of rights and the principle of sustainable development,the scope of the legal regulation of farmland abandoned in rural areas should be ensured and relevant frameworks should be set up within the scope of principle.3)Construct guidance mechanism and face up to the direction of the interests of rural cultivated land in our country.We must guide the institutionalization of the transfer of land,the employment of rural surplus labor,and the distribution of resources in agricultural industries in a practical way in combination with the problems of wasteland in rural areas.At the same time,the government should pay more attention to the sources of funds and decision-making procedures for the allocation of resources in terms of guiding resources.4)Construction of intervention mechanisms to ensure the ownership rights.On the one hand,state intervention is authorized to determine the specific issues of state intervention in the shortage of farmland in rural areas.At the same time,it is necessary to set the procedures for state intervention and ensure that state interventions will be conducted in an orderly and lawful manner in the market under the control of the legal mechanism.5)Build a safeguard mechanism to ensure the implementation of the corresponding regulations.In addition to legal protection,financial security,tax protection,financial security and industrial security should also be included.These specific safeguards should be included in the framework of the legal regulation of farmland abandoned in rural areas to cooperate with each other so as to ensure that the environment caused by farmland abandoned in rural areas will not be reproduced.6)Improve the scientific operation mechanism to ensure the effective operation of the system.On the one hand,the legal norms of perfecting farmland abandoned in rural areas should do well the regulatory mechanism,incentive mechanism,restraint mechanism,supervision mechanism and safeguard mechanism;on the other hand,coordinating with other related upper or lower legal systems to complete the rural areas governance of farmland abandoned.