Research On The Legal Promotion Mechanism For The Development Of Family Farm

Under the background of economic globalization, China’s economy has becomethe world’s second. The economic development of China depends on the support ofrural economy. Since the Third Plenary Session of the eleventh,China established the"household contract-based，combines unified and separate" two-tier managementsystem, to promote the development of agriculture. However, with the rapiddevelopment of China’s rural economy, the household contract responsibility systemhas become increasingly unsuited to the needs of modern agricultural development. Inrecent years, our country has issued a series of policies and regulations, and writtenthe “three rural” in central file. Also, we advocate vigorously developing agricultureand increasing support for agriculture year by year. Third Plenary Session of theParty’s eighteen points out, the dual structure of urban and rural is the main obstacleof the integration of urban and rural development. We should accelerate theestablishment of new agricultural management system. In the country’s vigoroussupport and encouragement, new types of agricultural management have approached,such as professional cooperatives, company and peasant household. As a new type ofagricultural management way, family farm also raised at the historic moment.Foreign countries put importance on their law promotion mechanisms for thedevelopment of family farm. For example: America’s "Homestead Act","AgriculturalBasic Law","Agricultural Adjustment Act", France’s "Agricultural Guidance Law,""Agricultural Cooperatives and Adjustment Act.", Japan’s "Agricultural Land Law","Agricultural Basic Law." Under the social environment of rule of law in China, it canbe said that the rural economy is an economy of the rule of law. Since the founding ofour country，we unveiled "Constitution","Property Law","Land Management Law","Agricultural Law" and other laws and regulations. They have more or less plaid arole in promoting the development of our country agriculture. However, our countryis lack of specific provisions of the laws and regulations about the family farmdevelopment. The research object of this article is the legal promotion mechanismsfor the development of the family farm. The author based on the production practicein China, and compared the study status about the legal promotion mechanisms offoreign family farm. Reasonable profited the study experience from abroad to put forward how to build a legal promoting mechanism for the development of ourcountry’s family farm.Besides preface and epilogue, this article mainly is divided into four parts:The first part is the development of legal promoting mechanisms of family farmsOverview. The author elaborated law promoting mechanism for development offamily farm from two aspects of history and realistic significance. This partrespectively introduced the origin of the family farm, its legal attribute and legalbackground of its law promotion mechanism. It clarified the mechanisms will help topromote agricultural scale operation, to develop agricultural productivity, to build anew type of agricultural management system.The second part is the current situation and problems of the law promotionmechanism for the development of family farm. This part started from the aspects ofexisting laws and regulations, the land system of legal protection of property rightsand land transfer system to expound the present situation of the family farmdevelopment. And the author put forward the main problems of the family farm inChina.On the third part of this paper, the writer compared the law promotionmechanisms of the United States, France and Japan, and concluded the beneficialenlightenment to our country.The fourth part is the focus of this article. The author proposed specific ways tobuild the law promotion mechanisms about the development of our family farm, byconstructing the legal systems of financial support, tax support, land transfer andsocial services.