Legal Issues Study On The Financial Support Of Family Farm

The family farm occurred in the central file for consecutive many years since 2013.It has became the inevitable trend of modern agriculture based on its scale,intensification and commercialization. Determined as the "International Year of Family Farming" in the 66 th United Nations General Assembly in 2014, it aims to re-locate the importance of family agriculture in the national agriculture. It is seen that the family farm is crucial to the future development of agriculture regardless of the country or the world.In recent years, family farms have mushroomed all over the country, whereas it is in the infancy stage overall. It generally faces a lot of money demand problem. However,due to the financial profit, financial organizations will not put investment to relatively small family farms. At the same time, production and operation of family farms is affected by weak industry nature of agriculture, so that it can not effectively attract financial capital investment. This requires the state macro-control allocation of financial resources, providing legal protection for the financial support of the family farm.Currently, as for the specific financial measures of supporting family farms are mostly in the form of policy, but they do not have legal validity. Under such circumstances, the legal issues of financial support for family farms have come into being.The substantive theory of justice theory and economic macro-control theory of the nomology have laid a solid theoretical foundation. During practice, family farm finance contradiction of supply and demand also reflects the need for financial support for the family farm. So that, I conclude from the two aspects to solve legal problems faced by financial support to family farms. First, analyzing legal barriers exist in their own family farms. This is the premise for gaining financial support for family farm. Second,from the perspective of rural financial organizations, investigate the rural cooperative finance, problems in policy finance and commercial finance organization services the family farm. There are the key points of gaining finance for the family farm.From the point of family farm, first, its recognized standards and organizational forms are uncertain. That is to say, the legal status is unclear. In the legal relationship of credit and financial organization, family farm can not become qualified loans subject,which can the access of credit funds. Second, since the Land Contract ManagementRight Mortgage has legal obstacles and family farm lacks mortgage assets, which leads its financing capacity is limited. Third, the family farms in most parts of the credit rating system is inadequate. For security reasons, financial organizations of credit assets reduces the family farm credit.From the point of rural financial organizations, currently, in terms of support for family farms, all types of rural financial institutions have the following law problems.Rural cooperative financial organizations lack services "three rural" effective incentives and the specific legislation is absent. Rural Policy Finance organization is within business, function positioning and regulatory system, which have legislative defects.Rural commercial finance organization support for agriculture and the legal system inadequate supply and the supply vacancy of new rural financial institutions legal.The paper refers to the relevant academic research, the latest regulations and provisions of normative legal documents as well as the collaborative, policy-oriented financial support for family farms the legal system in the United States, Canada, France,Japan and other developed countries. It utilizes the literature research, comparative analysis and deductive induction to provide the corresponding legal measures based on the above aspects.On the one hand, as for the the family farm itself, it shall establish standards for market access of family farms and endow it rights for choosing the legal form.Accordingly, we can clarify its legal status. The "Guarantee Law" should been modified and other related laws. It allows rural land contract and management rights, homestead right, housing as the object of mortgage and actively expand the range of collateral collateral. While innovative financial service mode and Family Farm Loan System applicable UNPROFOR should be built. In addition, the family farms should be established as soon as the credit rating system. Its ratings towards the main body and the object should be specific. It is completed through managing ratings.On the other hand, as for the rural financial, it should build the operating mechanism of innovative and cooperative financial organizations. As a member of the family farm property owned financial cooperation, cooperative financial organizations only provide financial products and services to members, realizing democratic management. What’s more, it develops the special laws to protect it. The policy-oriented financial organizations need clear positioning of its functions and distinct between policy-oriented business and commercial operations. The business of Agricultural Development Bank should cover the family farm. It ensures the trafficking proportionof industry financial organization for agricultural credit. So that it establishes the floating rate system and sounds re-lending system, expanding the money supply in rural areas. It should increase the new rural financial organizations and the county network layout based on the service "three rural" and innovate its preferential taxation legal system.Law problems of the Financial Support of Family Farm is a new legal issues. The current research focuses on the field of finance and economics. I try to analyze the plight of farm families facing financial support from a legal perspective, striving to tightly integrate family farm with rural commercial, policy and cooperative financial organizations, finding out the solutions from the law problems on Financial Support of Family Farm.