The Legal Issues Study On Contract Farming Based On Farmers' Rights Protection

In the overall context of urban and rural development and agricultural modernization, Contract farming is a good way to solve the contradictions of "small farmers and big market" as one of the patterns of agricultural industrialization of agriculture, and it also can promote rural development, increase farmers' income, and have an important role in agricultural efficiency.However, the actual operation of contract farming in many problems arising in the course, such as low rate of contract compliance and injury of farms' rights and interests.This not only shaken the farmers and agricultural enterprises' confidence to participate in contract farming, but also caused people to question the future of contract farming.In order to be healthy and orderly,contract farming is inseparable from legal protection.Therefore, the study on the legal issues of contract farming, especially the protection of farmers rights, and lead the development of contract farming to be standardization, legalization and scale,which is extremely important to promote the industrialization of agriculture and solve the "three rural"issue.This paper has absorbed the basis of previous studies and systematically combed the basic theory of contract farming development.In legal theories, the paper analysis the importance and necessity of contract farming with the theory of development rights from farmers; and then use the incomplete contract theory of contract farming to analysis the causes of performance difficulties, and finally, analysis the way to promote agricultural development and protect farmers rights with the theory of the interests and the interests of the mechanisms.In economic theories,the paper analysis the root of breaching of contract and farmers' business choices. At the same time, the paper fully draws experience of contract farming in United States, France, Japan, India and other countries, and get a strong inspiration of contract farming in China.Through empirical research and case study interviews, the author investigated the development of contract farming in Hubei Province.And supplemented with literature review, and preliminary master the overall condition of the development of contract farming in China.The paper comprehensive analysis the problems in contract farming and its causes from sign a contract to it's performance, noted that the main reason for high default rate in contract farming, in addition to the incomplete nature of contracts, there are weak legal awareness of the subject orders, the low level of farmer organizations, the main government role improper factors, such as the legal system is imperfect, institutional factors, lack of credit and other cultural factors can be barriers to the development of contract farming.Finally, on the base of farmers' rights and interests protection, this paper discuss the legal system from contract farming supervision law, the price law, insurance law, subsidies law, credit law and so on; Through interests represent and expression mechanism, interest generation and distribution mechanism, interest coordination and guarantee mechanism, establish and perfect the mechanism to coordinate orders the interests of the subjects, through agricultural price information display mechanism and dynamic monitoring mechanism of contract operation,we can send important information to farmers (farmers in agricultural enterprises, etc), in order to guide them to make the right decision; Contract farming service institution can be established at the grassroots level to carry out comprehensive service;agricultural arbitration institution and tour the arbitration tribunal can be established to resolve disputes and protect peasants' legal rights and interests.In addition, the paper proposed some complementary measures from cultivating legal culture of the subjects,improving futures markets and establishing agricultural information network platform for trading and other aspects,in order to provide theoretical support and specific programs for the resolution of legal issues in contract farming.