Research On Legal Issues Of Family Farms Under The Background Of Rural Revitalization Strategy

As a big agricultural country,the progress of rural economy can provide a lot of help for the development of China's national economy.In recent years,the state has vigorously promoted the construction of family farms,and the relevant legislation is constantly improving.The State Council has also issued a large number of profarming policies,which provide policy guidance and support for the development of family farms in all aspects.As mentioned in the central document of 2013,for example,guiding and promoting the flow of farmland to family farms and other forms of agricultural organization.General Secretary Xi Jinping emphasized: "Around the development of modern agriculture and the integration and development of rural primary,secondary and tertiary industries,we should build a rural industrial system to promote industrial prosperity." The integration and development of rural industry has become an important part of the construction of modern agricultural industry system and an important way to realize agricultural and rural modernization.These requirements need to cultivate business entities to promote the integration of the whole agricultural industry chain,establish a certain number of new forms of agricultural business entities,including new forms of agricultural business entities,and various forms of new types of agricultural integration,establish a close interest linkage mechanism,work together to break the market,improve quality,create brand,and leave employment posts in the countryside,value-added benefits to farmers.Family farm can improve the commercialization level of rural economy and farmers' income.Because of the extensive use of science and technology,on the other hand,it also promotes the development of agricultural science and technology.Family farm also plays a very important role in optimizing the industrial structure of agriculture and rural areas.However,because China is still in the transitional stage of agricultural modernization transformation,the laws and regulations related to agricultural modernization are still in an imperfect state.Therefore,there are still many legal problems in current practice.For example,the legal status of family farms is not clear;the registration of family farms is still not standardized;and the transferof land management rights for its development restrictions are still very serious.Family farms should be given the status of legal person and registered as limited liability companies specializing in agricultural production and operation;they should be registered in the administrative departments of industry and commerce,and their business licenses should be granted;the principles of safe,free and equal market access should be established;scientific and reasonable registration procedures and regulations should be formulated;and the information of these registrations should be substantially approved.It clearly stipulates the requirements of the applicants,and formulates relevant regulations and supporting measures for withdrawal for various reasons.According to the reform of the double-tiered economic system and the separation of powers,the circulation system of farmland should be improved,the restrictions on mortgage financing of farmland management rights should be relaxed,and the circulation information service platform should be constructed.It is not only necessary to speed up the formulation of relevant laws on family farms,but also to improve the relevant laws and regulations on the market.Through these measures to solve the above problems,we can completely liberate the productivity of family farms and play its greatest role in promoting the development of agriculture in China.This paper integrates the views of many experts,laws and regulations and the contents of documents issued by the government,and explores many institutional defects of family farms.Starting from many aspects,this paper points out the main idea of the article,analyses some problems related to farmland,and puts forward many problems existing in family farms at present,such as the determination of legal status of farmland,the determination of ownership of farmland,the difficulties and solutions of farmland circulation and other aspects.This paper uses the methods of literature analysis,induction and comparative analysis to comprehensively introduce many legal problems encountered by family farms in the process of their operation,to explore the legal problems faced by family farms,and then to put forward legal suggestions for their expansion and continued high-speed development.