Research On Family Farm Promotion Law

Around the world,because of the family business and commercialized properties,the family farm has become the engine of agricultural modernization,industrialization and urbanization. Rural household contract responsibility system in China has played a positive role, but its small scale, extensive management, the disadvantage of self-sufficiency has become the main factor of restricting farmers get rich and agricultural modernization. Family farm model is to overcome the disadvantages and continue to play the family farm advantage of new forms of production and operation organizations. So the central committee of the CCP about certain major issue decision “comprehensively deepen reform put forward to adhere to the position of agriculture ”as the foundation of the economy of family business, family business innovation, encouraging the contracted management of flow to the new business groups such as the family farm. The new concept of "family farm" for the first time in 2013 in the central file No. 1, 2014 is the 66 th United Nations general assembly as the international year of the family farm IYFF(2014), designed to reposition the family agriculture in national agriculture and the importance of environmental protection and social development policies.From the perspective of the relationship of law and economy, the development of the economy determines the content of the law, perfect law to adjust social relations,because the law involved in continuous economic development, the law is due to the economic development more perfect. But lags behind the economic law, not only will not be able to realize the adjustment of social relations, will also be conducive to the development of the economy. Family farm development produced results, but also exist,such as land circulation laws is not sound, it is difficult to guarantee stable family farm land leasing scale; Family farm financing, lack of legal system, fiscal and taxation policy support is insufficient, the socialized service legal system is not sound,agriculture legislation is imperfect, the farmer quality is low.Overseas some developed countries started relatively early family farms, they are on the family farm continuously explore and perfect legal system practice experience accumulated valuable experience in a strong operability, in this type of developed countries to the United States, France, Germany, and Japan to explore the experience is the most practical. The most representative in the developed countries in terms of macroeconomic regulation and control generally has issued a special law to promote the development of the family farm, and strengthen the fiscal and taxation, finance, science and technology, such as legislation, provides the family farm strongly support and help.Family farm is indispensable to the development of a sound legal system as a support,but in view of the family farm law system in our country at present is still in its infancy,the legislative practice mainly focused on the local laws, administrative rules and other high-level low file, such as the department of agriculture in Shanxi Province as the provisional opinion that family farm ", "Shanxi Province agriculture department on guidance to promote the development of the family farm", and a small number, the content is not complete. Family farms in practice "could not be in accordance with the present situation of" restricting its sustainable development. In this paper, the theme, in view of the situation of our family farm legislation, and then analyze the legal issues,and draw lessons from foreign advanced legislation experience, by building a family farm sustainable development promotion law for family farms to provide legal protection.This paper constructed the family farm promotion law, not to make a family farm promotion act, but for family farm building to promote the development of legal system, among them, the family farm in the basic law is the core of the promotion law,through the perfect legal system of land circulation, finance, taxation, personnel,promote and guarantee for the development of the family farm.The innovation of this article is that the family farm law problem itself is a brand-new subject, family farms, they are rarely research related theory, this paper intends to build a family farm promotion law, safeguard the development of the family farm.The shortcomings of this article is mainly reflected in: one is the foreign legal system of the family farm and experience learning is insufficient, the research content needed further; The second is the family farm development related fiscal support, tax incentives, land circulation of concrete system design needs to be further improved. In view of the author research level is limited, the hard to avoid slip, I will be in the future study and work trying to improve their theoretical level, continue to study the family farm related legal issues, in order to make up for the inadequacy of the research.