Research On The Legal Issues Of Promoting The Development Of Family Farms

"Issues concerning agriculture,rural areas and farmers" have always been the top priority of the Party’s work.The development and progress of rural economy can provide a driving force for the development of China’s national economy.Since the implementation of the country’s rural revitalization strategy,the core of rural economic development has always been industrial prosperity,and the development of family farms is the basis of industrial prosperity,its moderate scale management of land,China’s agriculture and rural modernization effect is remarkable.In 2013,it was the first time to encourage and support the long-term and stable development of family farms in the No.1 document of the Central Committee.After that,the No.1 document of the Central Committee mentioned the development of family farms for many years.For example,the unclear legal status,the imperfect legal system of registration,the imperfect legal system of land transfer,the defects of supervision and withdrawal mechanism,and the imperfect legal system of financial services have obviously restricted the development of family farms.Therefore,this article plans to establish a local system to promote the development of family farm based on the analysis of relevant theories,by comparing the development practices of other developed countries and according to the situation of our country,in order to promote the development of agricultural economy and the modernization of agriculture and countryside.The first part: The definition and theoretical basis of family farm.In the theories about family farm,the current mainstream view,namely the new agricultural management subject theory represented by the Ministry of Agriculture of China,holds that the main characteristics of family farm are large-scale management and intensive production,the main source of labor force is family members,and the main source of family income is farm management income,which is of great significance for promoting moderate scale management,industrial prosperity and farmers’ income.In addition,the thesis discusses the value orientation of family farm development,aiming to explore the idea behind the system construction,and reveals the value orientation of family farm development from the perspectives of economic efficiency,substantive equity and rules and order based on the comprehensive investigation of market failure,state intervention,economies of scale and other theories.The second part: The practice and problem analysis of the legal system to promote the development of family farm.From the historical perspective,this thesis explains the development course of family farm,and sorts out the existing policies and legislation,and analyzes the typical cases of the development of family farm,which will help build a perfect legal system of family farm.On the basis of the present situation,this thesis analysis the legal problems of family farm in the process of development,and finds out that the development of family farm is restricted by unclear legal status,imperfect legal system of registration,imperfect legal system of land circulation,defects in supervision and withdrawal mechanism,and imperfect legal system of financial service.The third part: Practice and experience of promoting family farm legal system abroad.This part summarizes the practice of family farm law in France,Japan,the United States,Australia,Holland and other countries,and summarizes the beneficial experience and enlightenment in the development of family farm for our reference.The fourth part: The establishment of a legal system to promote the development of family farms.This article analyzes the problems of family farm and draws on the successful experience of some foreign countries.According to the situation of our country,this article puts forward some suggestions to clarify the legal status of family farm,perfect the legal system of registration,perfect the legal system of land circulation,perfect the family farm exit and supervision mechanism,perfect the legal system of financial service,etc.