Research On The Legal Problems Of Family Farm In China

The family farm was written in No.1 Document of Center for the first time in 2013,No.1 Document of Center and Government work report both Mentioned family farm in 2014 and 2015.Under the impetus of the central policy,the family farm develops fast across the country,especially in eastern Region.With the development of market economy and the transfer of rural labor force,the problem of Aging of the farmers,agriculture and industrialization,rural hollow become more obvious,Traditional family business "small,scattered" production is no longer adapt to the market development needs,family farm came into being.As the main production and operation mode of agriculture in developed countries,The family farm has incomparable superiority in the field of agricultural scale effect,raising agricultural productivity and promoting the commercialization of agricultural products.The family farm is not only the inevitable requirement of agricultural modernization,but also the future development of agriculture in China's focus on the development of new agricultural business entities.However,family farm is faced with the dilemma of "no basis" in the development process.The imperfect legal system of the family farm hinders the healthy development of the family farm.This article uses the standard analysis method,using the theories of economics,sociology and law to make a systematic study on the theory of family farm to analyze on the legal problems of domestic farm in China.,by combing the ministry of agriculture and the different local family farms normative documents,Analyzing the legal problems existing in the family farm,Combined with foreign beneficial practices,Proposing suggestions on the improvement of the legal problems of the family farm,in order to provide theoretical support for the construction of the legal system of family farm in China.This article analyzes firstly the basic theory of family farm,including Concept characteristics,value analysis and development of family farm.Secondly,through the central and local normative documents and practices of family farms,analyzing the legal problems of domestic farm in our country,the main performance of the legal status of the family farm is not clear,that the standards are flawed,exit mechanism is missing and the regulatory mechanism is not perfect.Thirdly,By comparing the development of family farms in the United States,Japan and the United States on the advanced practice,Providing experience for the development of family farm in China.Finally,combining An empirical analysis of the practice of local family farm,Based on the local empirical analysis,this paper puts forward the suggestions on the improvement of the legal problems of the family farm.Firstly,clearing the legislative mode and legislative principles of the family farm,China's domestic farm is necessary to separate legislation,the development of family farm insists on the principle of voluntary,moderate intervention and the principle of local conditions.secondly,clearing the legal status of the family farm,Family farms can be organized in the form of "family partnership".Thirdly,Improving the standard of family farm identification,from the family farm operators,business scale,labor structure,agricultural income composition,business scope and other aspects of the improvement of standards.Fourthly,Improving the supervision mechanism of family farm,Perfecting registration system,Fifthly,Establishing a diversified regulatory system.Improving the exit mechanism of family farm,Clearing exit and exit responsibility,Perfecting exit procedure.