On Legal Issues About Rural Broker In China

Since the early 1990s, the rural broker of our country have been developing rapidly. The reason why rural brokers produce is the objective requirement of the rural economy. The urban market and the rural market are divided into two parts for a long time in China. On one hand, the urban market is developing rapidly. On the other hand, the rural market has many problems. For example, the level of the rural market development is low, the market information channels are closed and efficiency is low, and so on. There are serious contradiction between the small-scale farmer's production and the big market. The rural brokers bring many good effects in rural market. They promote trading transactions, and bring low transaction and high efficiency to rural market. It is an important way to solve the contradiction between the small-scale farmer's production and the big market. In new days, the rural broker would play an important role in balancing urban and rural development in China. The problem of the rural broker is an economic problem, and a social problem, and also a legal problem. The phenomenon of the rural broker refers to many legal theoretical research and legal system. However, the law circles still don't put their point to it and couldn't study and explain the problem in deeply from a legal point of view. Now it is hard to solve these problems reasonably and effectively by civil and commercial law theory and related legislation. So the legal study of the rural broker is of great theoretical significance and great practical value.This thesis is composed of five parts. The first part is the introduction, followed by the second part discussing the basic theoretical problems of the rural broker. The third part is about the problem of development of rural brokers. The fourth part is about farmer intermediary organization abroad. The last part is about suggestions of legal institution of the rural broker in China.Part one starts with the significance of the research, summary of the literature, and method of the research. The rural broker will play an important role in balancing urban and rural development, promoting the transfer of rural land market and the development of the farmers'specialty cooperative. Summary of the research contains four aspects, the definition of the rural broker, the function of the rural broker, the problems in development of the rural broker, suggestions about nurture of the rural broker. It is hard to solve these problems reasonably and effectively by civil and commercial law theory and related legislation because of lacking of legal study. The study will use method of historical analysis, logical analysis, comparative analysis, demonstration investigation, and canonical parse.Part two probes basic theoretical problems of the rural broker. The thesis starting with the definition of the broker, probes the definition and historical origin of the broker. The rural brokers are different from the urban brokers. The thesis defines the rural broker by the bases of analysis of rural brokers' specificity. The legal nature of rural broker is intermediary, not agent or others. Legal position of rural broker is commercial subject. There are defects in civil and commercial law theory and related legislation and the thesis gives some suggestions to improve the problems.Part three summaries the problem existed in the development of rural brokers on the bases of rural brokers'development of Chongqing city. For example, there is no special law, the efficiency of management is low and definition is not clear. The development of rural brokers is unbalanced because of the indistinct rights and obligations and narrow scope of business. There are a large number of small-scale rural brokers with educational level, and the industry self-control organizations aren't established and improved among them. The government can not give useful help to the rural broker because of insufficient management.Part four discusses the typical pattern of farmer intermediary organization abroad. The thesis takes it for example the agricultural cooperative organizations in France, the agricultural cooperative organizations in America, and Japan agricultural cooperatives, in order to introduce the development of farmers'specialty cooperative in these countries. The thesis summarizes their character and experience, and advocate that the rural broker should be organized, large-scale and professional.The last part proposes suggestions of legal institution of the rural broker in China. There are five aspects. It is not a good idea to establish national law on the aspect of legislative mode selection and value orientation. Consider to the actual situation, the rural broker should been managed by special law. The legislation should focus on guidance rather than management. Also, the rights of farmers should be protected well. In the scope of market access for installation and operation, we should relax the broker's access threshold in rural areas and give them legal position. The rural broker should be allowed to do all business which doesn't be prohibited. About the rights and obligations of the rural broker, the thesis consider intermediary as a base, defines the rights and obligations of the rural broker. About the relationship of the rural broker and farmers' specialty cooperative, the rural broker should be organized, large-scale. We should promote the association of the rural broker and farmers' specialty cooperative. The government should support the rural broker by integrating control functions, establishing a credit guarantee mechanism, strengthening the training and examination of the rural broker, developing rural broker association and strengthening the supervision of investigation and punishment of violations.