Japanese Legal System Of The Agricultural Land And Its Inspiration

The year of1952, Japanese agricultural land law set down the basic principles of agricultural reform, stipulated "yeoman doctrine" principle, since then, the main land law reform like agricultural land law, agricultural vibration method and agricultural promotion law etc. are make " yeoman doctrine" as the center. Japanese land circulation law reform has experienced two stages, one is the "right to control phase", the stage gradually opening up rural land transfer limit. The second stage is the "reference into the regulations", which began allowing the corporation get into agricultural production and encourage them to carry out large-scale product. At this point, the rural land law as the center created the licensing system improved. Permission object, the licensing organ, licensing procedures and the "right" restrictions have be made detailed provisions, It also lists ways to the license system exception, not permission situation have made specific provisions.Contrast to Japan, the transfer of land contract and management rights in China Mainly by the restrictions, which greatly hindered the modernization of agricultural production. Although the turnover rate of agricultural land has increased, and the agricultural land transfer from the policy trends have liberalized, but different disputes still exist in practice and theory discussion.For these problems and our current status of agricultural land transfer, the relevant provisions of the Property Law and Land Contract is too brief, as for the circulation of farmland in the licensing system,there is no special laws to regulate.therefore we can say that there is a big gap. In contrast, Japan has a set of legal norms of agricultural land, and also in the in the practice field and theory field have been discussed for many years, have been discussed in detail for many years, especially article3of the agricultural land law became the core of the licensing system.Based on the brief introduction to China’s academic viewpoint attitudes on these issues, and based on the theory of evolution and the case in Japan attitude evolution, especially expounds Japan’s "participation in the regulation" and "right of control" theory. And introduce the licensing system, which based on the "ploughman doctrine" as the basic principle. At the same time, licensing system for objects, nature, scope, subject, program and so are analyzed. Meanwhile, focus on the comparison of Chinese and Japanese law, Based on the analysis of China land contracting right of management, find out the legal defects in the circulation of farmland and puts forward the feasible proposal. In the circulation of rural land, the Japanese scholars and practitioners make the discussion earlier, so accumulated some reasonable processing rules, which is useful for dealing with our practice of events.In summary, analysis the Japanese legal system, amendments to the relevant provisions of Chinese law and practice has important significance. Of course, there are different in social system, economic situation, legal construction between China and Japan, not all systems are generally applicable, we must seriously review the basic issues in our country, and identify a choice of reference.