Research On The Legal System Of The Family Farms In China

The CPC Central Committee first put forward to develop "Family Farms" in the No.1 Central Document in 2013.It is a great significance in improving the land production effi-ciency,increasing the income of farmers,promoting agricultural production and mar-ket.However,because of the imperfect of current China legal system in family farms,the family farm development practice has encountered great resistance.So it has important practical significance and research value to study the legal system of the family farms.The article’s specific research is on the family farm land transfer system,the establishment of registration system,the internal governance structure and external supervision legal system.This paper firstly summaries the legal characteristics of the family farms,including legal personalizing of the subject,contracting of land transfer,and the family management of the legal supervision.The family farms and other subjects were compared to make the legal status of the family farm clear.From a long-term point of view,it has the advantage to establish the legal status.The article discusses the legal basis of government intervention in the development of the family farms.The theory of the agricultural weakness determines the family farms need to enhance the ability to resist risks;the theory of the agricultur-al development of externality has decided to encourage the development of family farms;Rawls’ theory of justice decided it should be strengthened the family farms poli-cies;macroeconomic regulation and market competition theory determines the development of family farms cannot do without the state.The article analyzed the family farms establishment and registration legal sys-tem.The premise of the establishment of the family farm is the transfer of the contractual right of land.From the family farm land size,the establishment of conditions should not be made mandatory.From the registration form,the existing local legislation allows the natural person,legal person and other organization forms of partnership,but from the long-term development perspective,it should be a gradual transition to the legal regis-tration of family farms organization form.This article studies the internal governance structure of the family farms from the combination of the theory and the practice.Family farms governance ture isspecial,Including the shareholders and its content of consciousness;the family farm governance structure needs to follow the principle of the family and the control principle.This article carries on the analysis to the family farms in execution of corporate governance structure and the family farm of partnership affairs.According to different sources of funds,the family farm establishes different governance struc-ture.Funded entirely by the family,it needs to establish the family committee,and make the legislative regulation;If it has foreign capital,it needs to establish the board of shareholders,the board of directors and board of supervisors,and it’s different from the "company law".The paper thinks that the family farms need the internal and external supervision at the same time,to solve the problem of the legal operation.The regulation is the autono-mous law of the family farms,and it’s the autonomous tool of shareholders.The family farm association has the supervision and coordination functions.The government needs to regulate the family farm land utilization and the quality and safety of agricultural products.The family farms have existed following legal issues:the family farm land circu lation of the contract is not standardized and exists contract disputes,contract transfer term is short and the term of the contract is not uniform,and the lack of the system which the family farms take land out of production;the lack of a unified national legislation regulat-ing the family farm establishment and registration act;too much arbitrary norms hidden troubles.In the supervision system,the legal status of Farm Association is incomplete,and the legal liability system is not perfect,the government supervision department is not uni-fied and so on;the family farm financial services law system is not perfect,the subsi-dy system is weak,the financing system is not perfect and the agricultural insur-ance support is low.Combined with theoretical and empirical analysis,this paper put forward the follow-ing law measures:the first one is the family farm should be registered as a legal per-son.The family farm corporation has more advantages than the natural person and the partnership.The second one is paying attention to the family farm management agencies,at the same time,regulating on the family farm in the internal governance struc-ture strictly to protect the interests of small shareholders and foreign counter part.The third one is to regulate the family farm land transfer contract,improve the contents of the con-tract,make the rights and obligations of both parties clear,clear and unified the circulation period,establish the land connection system.The fourth one is passing legislation to regulate the established conditions,to establish effective registration system;The last one is using the family farm association rules to managethe family farms order,establishing the family farm Association legal responsibility system,establishing the specialized family farm government supervision and the establishment of supervision depart-ment heads responsible for family farms.Make laws and regulations of the family farm agricultural subsidies perfect,and highlight the family farm subsidies;Put the le-gal collateral and the value assessment into practice,putthe credit stratification and hierar-chical credit into practice to alleviate the shortage of funds of the family farms;Refine the content of the agricultural insurance laws and regulations,and improve the support for the family farm and the insurance company.