On Some Land Legal Issues Of Family Farm

In our country, agriculture has a long history. Even in this time, which thesecond and third industry takes a larger proportion, agriculture has the basic status.Development of agriculture is a necessary part to prosperity of the whole nation. In2013, concept of the family farm first appears in the central document No.1. CPCCentral Committee and the State Council have been taking measures to accelerate thedevelopment of modern agriculture. They put forward the policy of transfer of landuse rights orderly and that means the government would allow rural citizens totransfer their land-use contracts. According to the relevant documents, the familyfarm as new agricultural production units will become the important body to realizeeffectively agricultural modernization in China. Thus study on land legal issues offamily farm makes sense.Some restricted factors in family farm’s further development are showed inexisting land policy, since land is indispensable means of agricultural production. Dueto such problems as imperfect land contract, the rural contracted land use rightsbecome waste and relevant national agricultural policy cannot implement. Furtherwork on registration of land can function. In addition, it should be clear whethercontracted land use rights belong to the family farm to clarify what kind of propertythe family farm has.At the same time, the existing land laws, only encourage land circulation withinrural collective economic organization, and do not accord with the requirement ofoptimal allocation of resources. Because land circulation is difficult, and mortgage onland lack of legal support, land financing cannot realize at all.In this paper, combined with the ideas of relevant scholars, regulations andpolicy documents, some aspects of the land legal issues of family farm are analyzedspecifically. With the economic problems as the starting point, it should raise thequestions of land legal issues family farm facing.The description of the land rights, land circulation, land financing, is showed inthis paper. Besides, this writing points out the biggest land problems of land right,land circulation and land financing difficulties the current family farm is facing andrelevant improvement suggestions. This article uses the literature analysis method, inductive analysis method andcomparative analysis method. Comprehensive description of land legal problemsappears to study the relevant legal issues family farm facing, thereby providingsystem proposals for further development of family farm.