Research On Legal Problems Of Family Farm In Our Country

Family farm is the most representative production and management subject of the modern agricultural production, and its development has a direct impact on the development of the future agriculture. The central No.1 Document in 2013 which proposed to encourage the construction of new agricultural business entities to meet the needs of the actual development of agriculture, improve the labor productivity and utilize land resources more reasonably and efficiently.Although governments at all levels have begun to explore the development of family farms actively, but there are still many legal problems,which hinders the development of family farms.Therefore, this paper puts forward a multi-dimensional perfection mechanism, which is involved in the identification rules, organization form, land circulation and financing guarantee about family farms to provide feasible suggestions for the steady and healthy development of family farms on the basis of analyzing the legal connotation of the family farm and summarizing the present situation and predicament of family farm in our country.The main content of this paper is divided into the following four parts:The first part:Connotation definition and development status of family farm in our country. At present, there are still many disputes about the legal connotation of family farms in the theory and practice circle.First of all,this paper introduces the definition of family farm in European and American countries.Secondly, four kinds of theories about family farm in China are described.It is considered that the main body of the new agricultural management is more representative of the family farm through analysing shortcomings of each theories. At last,this article examines and combs the development of family farms in our country from two aspects: practice mode and current situation.The second part: The realistic predicament of family farm in our country. On the basis of the system construction of family farm development in China, the paper puts forward that the family farm is faced with lots of legal problems,such as confused identification rules,lawlessness for registration and chaotic organization form.At the same time, it analyzes the bottleneck factor,which restricts the development of family farms in our country: the difficulty of agricultural land inflow and the difficulty of financing.The third part: the legislative reform of the main system of family farm in our country. In order to cultivate new agricultural business entities, we should take a family farm with Chinese characteristics.Based on the national conditions of the country and the research results of the scholars, the paper discusses the conditions of the family farm to meet. Secondly, on the basis of a clear legal status of family farm, the family farm of various forms of organization is analyzed,the most suitable organization form of the family farm development is chosen.The fourth part: Legislation to respond to the problem of development in our country. Because the family farm is facing with the difficulty of agricultural land inflow and the difficulty of financing.In the first section the paper puts forward that it can provide help to solve the problem of rural land into the family farm according to accelerating the certification of the right to land contractual management right, improving the right to the contracted management of land "two rights separation" system, standardizing the procedures of the circulation of the right to the contracted management of land and constructing exit institution of family farm.The second section, it proposes solution to the family farm financing difficulties according to improving the system of land management right mortgage system and perfecting the support system of land management right mortgage.