On China Agricultural Legal System, Market Economy Conditions

This article take the Marxism about the economic basis and the overtop structure contradictory movement principle and the science development view as the guiding ideology,take agricultural and the legal system relations as the breakthrough point, take the Marxist philosophy as the methodology foundation, to under the marketability, the internationalization background Chinese agriculture legislative work has conducted the research. This article first has proven the market economy is government by law economy this proposition, thus the subject which must elaborate for this article has built the foundation. Then chose had representative developed country US and Japanese as well as the developing nation Brazil and India, through analysis contrast, inspected them separately respectively under the WTO rule, how experienced using our country legal protection our country agriculture success as well as proposed to our country the inspiration and the model significance. Third chapter first has analyzed our country agriculture legislative work present situation, including main result which in aspects and so on legislation,law enforcement and judicature obtains,then realistically has pointed out the existence main question, specially has such as questions and so on land utilization, minerals mining, agricultural pollution in the agricultural law enforcement aspect. Fourth chapter in the first three chapter of foundations, analyzed and discusses our country agriculture marketability reform to need the legal system the support. This chapter first elaborated the agriculture takes our country national economy the foundation, has already established the marketability reform direction; Next how was once more analyzes and discusses has established the perfect adaptation socialist market economy system the agriculture to legislate as well as how strengthens the agricultural law enforcement and judicature administration of justice ;Finally between elaboration policy and law relation and in difference foundation, how inspected with emphasis has displayed their both respective protection and the support agriculture function fully, as well as how will the mature policy rise be a law.China joins WTO to symbolize our country agriculture legal regime wants and the WTO rule true trail connection. However, our country existing agriculture law laws and regulations mostly are in the economical switcher time formulation, has some planned economy color,obviously with has many conflicts and the contradiction take the market economy as the system foundation WTO rule.Therefore, must perform to transform and the consummation.Fifth chapter makes the inspection in the second chapter of institute in the foundation, after first analyzed our country to join the new challenge and the new opportunity which WTO the agriculture faced.Then elaborated the WTO agricultural product trade system and our country are WTO entry the pledge which does.Finally proposed take protects our country agriculture as the value orientation, take increases the farmer to receive as the starting point and the foothold, transforms and consummates our country agriculture legal system the measure and the suggestion.In view of the fact that present our country agriculture legislative work present situation, the author thought that, Constructs one"responsible government"is causes one kind of persistent effect mechanism which the Chinese agriculture law, the policies and measures land on feet. It can guarantee protection dynamics does not change to the agriculture because of the leader attention change.Therefore, the this article last chapter has discussed in the Contemporary China agriculture legislative work,"responsible government"prominent status and function as well as making"responsible government"measure.