Rice Paddy Legal Problems Of Empirical Investigation And Legal Interpretation

The party and government concern "three agriculture-related "problems,the state encourages farmers use land in developing modern agriculture without changing arable usage.According to the principle of ecological economics, paddy fanning is a modern ecological farming mode in the rice virtuous circle of ecological system.But in the process of development of rice fanning raises two questions,one is cultivated rice farming groundwater permeability which cannot be measured things caused hams to the adjacent planting cultivated land crops loss; The other one is the harm caused by some farmers cultivated land inside the paddy farmers’ internal land, the interests of both parties have caused damage, it’s need to adjust the scale of the arable land in order to adapt the purpose of developing ecological agriculture.This paper studies way is to investigate the development of rice fanning cause and the situation by the empirical methods, analyses the contradictory generationon between the rice farmers and the adjacent land farmers, studies the paddy farming adjacent relationship by transaction cost theory and the interests of society theory,comments the solution methods of those two contradictory problems in reality, and put forward joint-stock system can be used to jointly operate to acheive the purpose of common prosperity. Analying the rice farming adjacency relations based on the legal basis, combining the current practice of rice farming in China, this papar makes new understanding different from the traditional theory of adjacent relations theory.For the adjacent groundwater of rice farmers land penneability invade the arable land, taking relevant measures of protection are not economies or impossible, according to neighboring community relation theory, this paper takes Germany civil law "special sacrifice claim theory", neighboring planters have to bear this kind of force majeure infringement which adjacent farmers cannot be measured content, but the paddy farmers must give the planters the compensation for the loss interests in the standard according to the expected availability benefits. For arable farmers cultivated land surrounded in the paddy farmers land raises the inclusive adjacency problems, from the position of conservate land resources for sustainable development, this paper places "the soil and water conservation will stand ’beneficiary right" more important position than "the land contracted right" in legal status to solve the contracted land circulation problems.The adjacent relationship guiding principle is to respect the exercise of common public interests and to promote social welfare.In essence,the contracted land circulation conundrum is a compensation standard question, the key is to ensure the farmers’ contracted management of land rights and interests. In order to truly reflect the contracted land circulation rent, the paper thinks the exchange value should containt three parts these are the farmers’ basic survival security fees, the costs that agricultural operators put into the land for improving land productivity and the land circulation value-added.According to Marx’s theory, the fundamental reason of landtax is monopoly. Farmers are the monopoly users of village collective land.The paddy farmers don’t have enough farmland to carry out the production, so they must assign some right to the plant farmers in order to circulate the land successfully.In order to guarantee the right which the village collective consult the farmers to adjust their arable land in negotiations among many sides,this paper suggests they have to go to the government departments to register to protect bilateral or multi-sides rights. For the village collective why they can play an important role in the contracted management of land circulation, based on the perspective of system innovation and institutional change, the article takes the view from the Chinese traditional power structure of rural society and the growth process of folk authority analyses this dispute resolution acquiescence which according to local custom concept, sums up its profound reason in Chinese characteristics of local governance order under the "reciprocity" thought and "human situation" factors. Rural society’s own exists a set of alternative legal system and the justice concepts to maintain its traditional Rites.In this paper,the most fundamental research method is the way of theory with practice,specific research methods include:(1) The comparative analysis method.Comparative analysis methods include the comparison of vertical and horizontal comparison.The comparison of the longitudinal study is to find that differences between the traditional liquid water violation regulations on civil law and the penetrative invasion of rice fanning ground water;The horizontal comparison study focuses on other countries and regions’ solutions and theories faced with the similar problems,the aim is to solve the groundwater penetration and find legal basis for circulation.In taking comparative approaches, the paper pays more attention to the principle of functional comparison with the public interest consideration in the context of specific social background.(2)The value analysis method.Value analysis method is the way transplant from the philosophy methods,employing the use of value to judge the rationality of the circulation.The beneficial right for the maintenance has more important role than the right to land contractual management.This paper considers social benefits of external economy and the needs of social order,studies on how to arrange the circulation to meet the interests needs of all the parties.