The Existence Of Legal System Of Our Country Agriculture Subsidy Problems And Countermeasures

Agriculture is an important source of human and social existence anddevelopment, is the basic industry of national economy, has its particularity andimportance. In today’s world governments of all countries without exception,through macro management and regulations, government intervention in differentdegree in agriculture, agricultural subsidy is one of the most important means of.Agricultural subsidy is a government to domestic agricultural support andprotection of important policy tools, can truly important means to effectivelyimplement effective protection of agricultural subsidy system, is legal system ofagricultural subsidies. From the domestic situation, the modernization of the China,are facing pressure and challenges brought by the global transition to a marketeconomy; at the same time, because of the domestic legal system of agriculturalsubsidies is not perfect, has increasingly become the legal system of agriculturalsubsidies tend norms and to perfect the system barrier. From a legal perspective,we speak of agricultural subsidies, it is not a pure administrative orders.Agricultural subsidies in essence is the government’s macro-control means, is thegovernment in the form of legislation of agricultural subsidy system to carry out away and procedure treatment standard, the agricultural judicial procedure not onlycan reveal the superiority of agricultural system, but also conducive to therealization of agricultural steady and healthy development, to ensure that the basicand strategic position of agriculture. Not only that, the construction of the legalsystem of agricultural subsidies system, also can improve the international statusand international influence of china. So, in a large, under such background, has theimportant practical significance to study the legal system of agricultural subsidies.This article mainly from the following several aspects to analyze and improveChina’s legal system of agricultural subsidies. Among them, the first part brieflyintroduces the research purpose, research significance and research methods of thelegal system of agricultural subsidies; the second part discusses the relevant theoryand the legal system of agricultural subsidies, the related categories and thedefinition of the legal system of agricultural subsidies and concepts, including the"subsidy","the legal system of agricultural subsidies" meaning are introduced, the "the protection of agriculture" and "agricultural subsidies" two concepts arecompared and analyzed, the theoretical basis of the legal system of agriculturalsubsidies, agricultural subsidies legal system including the system origin, thedevelopment as well as the WTO framework; the third part roughly describes thepresent situation of legal system of China’s agricultural subsidies, including thecurrent situation of legislation, implementation, and points out its defects. On thebasis of this research, summarizes the existing problems and reasons of China’slegal system of agricultural subsidies, which is mainly manifested in five aspects,namely the law system of China’s agricultural subsidy system is not perfect, thedegree of organization of legal subject is not high, the legalization degree is notenough, the agricultural subsidy system is incomplete, the use of measuresagricultural subsidies in defect insufficient etc.. The fourth part mainly is the openfield, learning and learn from the developed countries, such as Japan USAdevelopment experience in the legal system of agricultural subsidies; based on theabove, the last part have a definite object in view to put forward thecountermeasures and suggestions to improve the legal system of agriculturalsubsidies, that is, a sound legal system of agricultural subsidies, agriculturalsubsidies gradually improve the reality of social conditions. Specifically, is to clearthe legal system of agricultural subsidies to improve the efficiency of agriculturalsubsidy legislation concept; substantive law; legislative plan of agriculturalsubsidies and strict legal procedures; strengthening the legal propaganda andagricultural subsidies; strengthen supervision of agricultural subsidies direction;establishing the evaluation system of agricultural subsidy.According to the current situation of the legal system of China’s agriculturalsubsidies, through comparative study and overall analysis of domestic and foreignlegal system of agricultural subsidies, and tries to establish the legislation relativelyperfect legal system of agricultural subsidies, so as to make contribution to China’s"three rural problems".