Research On Legal Issues Of Land Circulation Of Family Farm

Several Opinions of the Central Committee of the CPC and the State Council on Speeding up Modern Agriculture Development and Further Boosting Rural Development(2013)first mentioned Family Farm. There must be enough cropland to develop the family farm. But the system of contracting for operation of rural land contradicts to the scale of production which the development of family farm requires.So land transfer is the choke point in family farm development. In order to guide the land circulation, develop the suitable scale management of agriculture, in November, 2014, the CPC Central Committee General Office, the office of the State Council point out: integrate the agricultural capital to establish high quality farmland, the family farm and the large plantations have priority to get the farmland.Once the problem of land transfer is overcome, it is meaningful to develop intensive farming and make the agricultural production larger-scale, more professional, more normative, more ecological. It also protects the farmer’s benefits from cropland.Through investigating the development status of family farm and scrutinizing relevant documents, the author researches the question of land transfer in family farm from legal perspective.The first chapter introduces the scale and category of family farm, the style, the price and the time limit of the land transfer in Zhejiang Province.The second chapter differentiates the land transfer in family farm with the traditional land transfer, the chapter compares the land transfer in family farm with the other subject of agriculture business, contrasts the factor of land to the development of family farm between domestic and abroad.The third chapter introduces the legal questions of the land transfer, the regulations of land transfer in Law of Contracting of Rural Land are inapplicable to the land transfer in family farms, the clauses are incomplete in the contract, it is hard to supervise the family farms who make use the land rationally, measures for preventing and controlling pollution have not been perfected, the problem of mortgaging and guaranteeing the land-use rights for farming, the problem of reapportioning the cropland when the expiration of contract come, the contract will be continued or terminated.The last chapter offers five proposals for solving those obstacle and problems: improving the procedure of land transfer, stipulating the contents of the land transfer contract, strengthening the ecological management of land use of the family farms, establishing the system of mortgaging cropland, protecting land resources from pollution, solving the problem of land resource allocation when the land transfer contract end.