On The Legal Construction Of Ecological Agriculture In China

After World WarⅡ, the west developed countries gradually entered into the period of modern oil agriculture, which marked mechanization, irrigation, extensive use of chemicals, and electrization. The mechanization agriculture has made plentiful achievements, which provided plenty of products for society advance and people's life. However, since 1970's, modern oil agriculture had gradually revealed many flaws such as energy crisis, natural resources shortage, ecological environmental pollution, ecosystem disturbance and etc, which gave rise to the instability and non-sustainability in the modern agriculture system. Over a period of rapid development, the modern oil agriculture went into trouble, and faced the challenge of development. Practice shows that, modern oil agriculture's development, to a great extent, is with the sacrifice of resources and ecological environment. Our country is a big agriculture country. To a great extent, the development process of our country is determined by the agriculture. Under such background, our country actively explored sustained development road of agriculture. In 1980's, some scholars proposed the theory of"ecological agriculture". After 30 years' exploration and development, ecological agriculture presents flourishing vitality, which shows the basic direction of agriculture sustained development and achieves harmonious development of economy, environment and society.The report of the Seventeenth National Congress of the Communist Party of China in 2007 proposed the goal of our society construction. We should adopt an enlightened approach to development that results in expanded production, a better life and sound ecological and environmental conditions. We should build a resource-conserving and environment-friendly society that coordinates growth rate with the economic structure, quality and efficiency, and harmonizes economic growth with the population, resources and the environment, so that our people will live and work under sound ecological and environmental conditions, and our economy and society will develop in a sustainable way. Therefore, we must actively explore the development way of ecological agriculture further. As the tool of adjusting social relationship with the guarantee of national compelling force, law is an important method of protecting ecological environment and utilizing resources. As the important strategic measure of our country's agriculture sustained development, ecological agriculture construction demands for specification and guidance of the method of law from many respects, which has great significance to our country's agriculture sustained development. After long time's effort, America, Japan, Germany, Poland and other countries have formed a set of agriculture legislation and law enforcement system, in which system the agriculture basic law is the core and the matched laws and legislations subsidiary role, which lays solid foundation of laws for agriculture and the rural's development.About the construction of ecological agriculture legal system, our country has established rounded agriculture legal system including the constitution of the People's Republic of China, the environmental protection law of the People's Republic of China, the agriculture law of the People's Republic of China as the basic law in agriculture and rural economic regions, and other separate resources laws. Among the legal system, basic value ideas of sustained development agriculture and protecting the natural resources and ecological environment penetrate, are established related institution as well as the legal system of ecological agriculture. However, shortcomings exist still, such as the imperfect of ecological agriculture legislation system and legal institutions, all of those demands for complete and perfect ecological agriculture legal construction urgently.This thesis begins with our country's ecological agriculture present situation. After introducing the legal construction present situations home and abroad, it adopts measures of empirical analysis, historical analysis and compared analysis, and provides reasonable advice for our country's ecological agriculture legal construction from two sides of macroscopic legislation system and microscopic legal institutions. It discusses from six sections below:The first part is the introduction. It discusses the research present situation and value of the proposition, and introduces the innovation and methods adopted simply.The second part is the conclusion of objective necessity of developing the ecological agriculture. In this part, it introduces the basic theory of ecological agriculture, summarizes the general situation, and points out the objective necessity of developing ecological agriculture.The third part is the conclusion of the general situation about ecological agriculture legal construction home and abroad. Firstly, adopting compared analysis method, it introduces and analyses the general situation of ecological agriculture legal construction in America, Japan, Germany and Poland, and hopes to provide experience and enlightenment for our country's ecological agriculture legal construction. Secondly, adopting historical analysis method, it makes overall combing of the development process of our country's ecological agriculture legal construction, and points out the problems within the process of our country's ecological agriculture legal construction, and gives way to writing the part about ecological agriculture legal construction offside of the thesis.The fourth part is the perfection of ecological agriculture legislation system, which is the part of the ecological agriculture legal construction. In the process of perfecting ecological agriculture legislation system, firstly and urgently, we should unveil the ecological agriculture promotion law, which is the basic law of promoting the development of ecological agriculture. Secondly, we should perfect the matched law related ecological agriculture based on current legislation. Thirdly, we should adjust measures to local conditions and emphasize on local legislation of ecological agriculture.The fifth part is the ecological agriculture legal guarantee institution, which provides solid institutional prop for ecological agriculture legal construction. To be specific, it includes ecological agriculture subsidy institution, ecological agriculture insurance institution, and ecological agriculture technology extension institution. With the guarantee of effective institution, the ecological agriculture legal construction becomes more specific, no longer limited to empty theoretical demonstration.The sixth part is the conclusion. After summarizing the ideas of full thesis, it emphasizes the importance of legal construction of ecological agriculture, and points out advice of the author.