Research On The Existence Of The Individual Businesses And Lease-holding Farm Households In The Civil Subject Institution

The individual business and lease-holding farm house-holds system,being one of the most distinctive law systems in the Chinese context,has been playing a vital role during different historical periods.However,there have been many controversies surrounding the legal positions,features and functions of the system.As amendments to the general provisions of civil law were proposed,this argument has once again become one of the most popular topics.The General Principles of the Civil Law of1986 has clearly defined the individual business and lease-holding farm house-holds system.After thirty years,the need of re-defining the system was raised.In order to justify its validity,it is important to make a thorough analysis and research of the system.Based on a discussion on the most controversial topics,this thesis provides a theoretical framework and in-depth analysis for the Civil Law in stipulating the system.This paper will be divided into 4 sections.First of all,an overall understanding of the theory of individual business and lease-holding farm house-holds system,in terms of the concepts,legislative backgrounds and national theoretical research will be put forward.A study of the different plans stated in the Civil Law will also be carried out.Second,the development,contribution and the main problems of individual business and lease-holding farm house-holds system will be investigated.Third,similar legal terms in Common Law will be identified and discussed,with an aim to providing a reference to China's Civil Law.Finally,a conclusion to remain the individual business and lease-holding farm house-holds system will be made,based on a demonstration of the necessity and value of the system as well as its advantages and disadvantages.This study will provide suggestions on improving related law regulations and amending the general provisions of the Civil Law,such as to formulate a liability system.