Research On Legal Guarantee Of Family Farm Cultivation In China Under The Strategy Of Rural Revitalization

In 2013,Document No.1 of the Central Committee proposed to encourage and support the transfer of contracted land to family farms,large professional households,farmers' professional cooperatives and other moderately large-scale business entities.The Third Plenary Session of the Eighteenth Central Committee further pointed out that "the right to contractual management should be encouraged to transfer to large professional households,family farms,farmers' cooperatives and agricultural enterprises in the open market,and various forms of scale management should be developed." The report of the Nineteenth National Congress of the Communist Party of China clearly put forward the strategy of rural revitalization,which is an important strategic measure to speed up the modernization of agriculture and rural areas in the new era.At the same time,we should build a modern agricultural industry system,production system,management system,cultivate new agricultural subjects,and improve the agricultural socialization service system.Promoting the structural reform of agricultural supply side and improving the quality and efficiency of agricultural supply,which are the inevitable requirements of implementing the strategy of rural revitalization.In the No.1 document of the Central Committee of 2019,it was mentioned that we should adhere to the basic status of family management,start the family farm cultivation plan,and establish and improve the policy system and management system to support the development of family farms.Under the background of the rural revitalization strategy,family farms as an important part of the new agricultural management subject,it is of practical significance to study the legal protection issues in its cultivation.Firstly,this paper combs the strategy of Rural Revitalization and the related concepts of family farm,expounds the internal relationship between the strategy of Rural Revitalization and the cultivation of family farm.The strategy of Rural Revitalization is the basic goal of family farm cultivation,and the cultivation of family farm is the inevitable requirement of the strategy of rural revitalization.Secondly,it points out the legal problems in the cultivation of family farms in China,which are mainly manifestedin the lagging legislation,the lack of uniform normative documents,the imperfect legal guarantee of access,the imperfect legal guarantee of supervision and the absence of legal guarantee of withdrawal.Thirdly,by comparing and drawing lessons from the advanced practices of the United States,France and Japan in developing family farm legal protection,some experience can be learn for our country's family farm cultivation.Finally,on the basis of the above analysis,some suggestions are put forward to improve the legal protection of family farm cultivation in China.