Study On The Legal Problems Of Our Civil And Family Farm

With the development of agriculture in our country, family farm plays an important role in the field of agriculture. However, there are no national laws and regulations on family farms in China, but some local normative documents regulate their development. Therefore, the research on the civil legal problems of family farms also needs to be further deepened. We must make clear the legal problems in the formulation of the national legal documents, so as to ensure the development of the future. In 2013 "The Central Document" was first mentioned in the guidelines encourage the development of family farms, but various places in order to enhance the level of local agriculture and farmers have higher farm income not from reality, which deviates from the development direction of the family farm, hinder the development of agriculture in our country. The connotation of family farms, in both theory and practice,there are still a lot of controversy, such as The agricultural enterprises say, The agricultural production units say, The new economic organization said. China's Ministry of agriculture on the family farm is defined to make specific provisions, the provisions of the content that the support of the Ministry of agriculture "The new economic organization said", but also reflects the family farm household management and scale management features. And on the family farm in the civil legal status of the definition, four kinds of theories exist in theory, mainly including the following four points:corporate, individual industrial and commercial households, rural contracting households, new illegal organizations said. According to these views,combined with China's practice and the status quo of the development of family farm, the family farm is defined as a new type of non legal person organization, because whether corporate or individual industrial and commercial households, they are required to set up the form and set up the difference between many family farms, rural contracting households operating basis and family farm business according to there is a big difference in essence, but from the actual situation of China, the family farm is defined as a new type of non corporate organization and the requirements of the future development of family farms are consistent. It is a series of problems,such as the establishment principle of the family farm in the market access, the confirmation of the qualification of the main body of the management, the conditions of access and so on. Through practical investigation, if necessary, we can adopt the effective establishment principle,standardize the requirements of market access conditions,and develop a unified standard of qualification to enhance the competitiveness of China's agricultural market.The issue of land transfer is the most serious civil legal problems facing the development of China's family farm, the main contents include:transfer scope, lack of circulation market, mortgage ban, restrict development of our family farm. Therefore,according to the provisions of the current "land contract law" in the land transfer, put forward the liberalization of Collective internal transfer restrictions on rural land,regulate the circulation market, excluding mortgage provisions prohibited, solve the land circulation problem fundamentally.