Suggestions For Perfecting China’s Legal System Of The Family Farm

The family farm is a new agricultural management subject. Its main labor force is family members who are engaged in large scale intensive and commercial production and management of agriculture, and the agricultural income is the main source of the family income. In2013, it’s pointed out in the central document No.1to encourage and support the land transfer to professional investors, family farms and farmer cooperatives. The family farm is beneficial to improve the agricultural commercialization, marketization level and the economic benefit of farmers, promote the application of agricultural science and technology, speed up the agricultural technology progress, promote the adjustment and optimization of agricultural and rural industrial structure, and develop the rural economy.The market is the most important way for the allocation of resources, but the market economy mechanism is not so perfect. The greediness and blindness of market economy will not be conducive to the healthy and stable China’s sustained economic development as they reduce the enthusiasm of farmers and hamper the agricultural production, which leads to the unbalanced industrial structure, which leads to the imbalance of economic structure. The market malfunction situation makes it necessary for China to implement the macroeconomic regulation and control on the agricultural development, which is feasible because of the "public rules" theory that the government guides or restricts activities of the subject of market economy according to certain rules in order to achieve policy objectives using law, policy, administrative means or persuasions etc. It’s good for the healthy and effective development of family farm that the State should encourage and support the development of family farm, and implement the "public rules" on the family farm through legal means to avoid adverse consequences because of market defects. It can alleviate the three rural problems in a certain extent, change the urban and rural economic structure, coordinate the urban and rural development, protect farmer’s human rights of living and development, and reflect the juristic concept of "people-oriented" by adjusting the development of family farms to make it play a better role using legal means.However, the macroeconomic regulation legal system of family farm in our country is still in the initial stage at present, the legislation practice focuses on local normative documents, and the current normative legal documents are scarce and the content is not perfect. It has restricted the healthy development of family farm because of the lack and defects of legal system. And the new problems appearing in the "localization" process of family farm also need to be solved by establishing a legal system. So it’s necessary to perfect the family farm law system suitable to our nation’s situation to guarantee the sustained and healthy development of family farms. Since the beginning of twenty-first Century, the development of family farms in Wuhan in Hubei province, Langxi in Anhui province, Yanbian in Jilin province, Songjiang in Shanghai city, Ningbo in Zhejiang province, has played a positive role in promoting the development of agricultural modernization. After the central document No.1being put forward in2013, the number of family farms registered in the business sectors across the country has grown with each passing day, and the local governments have introduced relevant laws, regulations and the corresponding supporting measures to encourage and support the development of family farm. Generally speaking, the development of family farms in China has made remarkable achievements, but also has some problems such as the bad land circulation can’t ensure the relatively stable land lease scale, imperfect rural financial system, the financing difficulties of the family farm, the lack of fiscal and tax support, the low level of agricultural science and technology, and the quality of the rural labor force needing to be improved.Because some developed countries abroad such as America, France and Japan started family farms earlier, they accumulated some valuable experience in the practice of continual exploring and perfecting the legal system of family farm. After investigation, we found that these countries generally promulgated some special law in the macroeconomic regulation and control to promote the development of family farms, and provided strong support and help in the area such as taxation, finance, science and technology and etc.We can see that family farm cannot develop and boom without support and guarantee of the legal system. Therefore, it’s suggested in the paper that China should promulgate special law applicable to family farms to establish the legal system suitable to China’s situation from the macro point of view. The family farm legislation should aim to protect the rights and interests of farmers and promote agricultural development, adhere to the principle of combination of the "market-oriented" and macroeconomic regulation and control, and guarantee the scale operation of family farms by perfecting the legal system of land transfer. At the same time, the legal support system of family farms include family farm tax system, financial support system, technology support system etc should be established in order to promote the healthy development of family farms.