The Study Of The Legal Regulations On The Function Of Farmland Scale Management

Farmland moderate-scale management is the main way for the development of modern agriculture in our country. The rapid agricultural development in our country started from the year of1978when our country carried out the land system reform of Household Contract Management across the whole rural areas. Over thirty years, the system arrangement which sets peasant households as the entities of agricultural production and management, has effectively realized the social security function of farmland. However, the system is carried out as "cultivator has his field" and "average land rights" as its basic characteristics, thus village collectives tend to divide farmland in accordance with the family population in general to the peasant households, which results in the development of China’s agriculture and villages to still be hovering at a low level, and the problem of "agriculture, rural areas and farmers" to be highlighted. In the year of2014, the central leading body of the Party issued "the Opinions about How to guide Rural Land Management Right to transfer orderly and to develop the Agricultural Moderate-scale Management", in order to actively promote and develop farmland scale management as an effective way to develop modern agriculture, and realize agricultural industrialization. According to the history of farmland scale management in the world, we can conclude that the big differences of agricultural resources and stages of development can result in the differences of the development of agricultural management scale in different countries, and social conditions, agricultural production characteristics and resource conditions determine that the farmland scale management must moderately develop to adapt to the gradual development of land market. In fact, as farmland scale management benefits the society as a whole, such as the aspects of national food security, agriculture development and the increase of peasants’income, and itself has the characteristics of the market behavior, it has the legitimacy of legal regulations. The basic topic of this dissertation is the choice of incentive regulations which belong to indirect legal regulations, direct legal regulations which must be restrictive, and the suitable mode of legal regulations.On the basis of the idea mentioned above, the dissertation first constructs the system mode of the legal regulations on the function of farmland scale management, including direct and indirect legal regulations. In order to have a better effect of legal regulations, it is necessary to combine both to form a "hybrid" model of legal regulations. In other words, direct and indirect legal regulations have cohesion natively, and the essence of this cohesion is to emphasis that the government regulation should be exerted moderately. According to this theory model, this dissertation then concludes the general conditions of direct and indirect legal regulations applicable to the function of farmland scale management, and finds out the following rule by the analysis and comparison of the choices of system models in typical countries:at the stage of early market economy, these countries all use direct legal regulations, but at the stage of mature market economy, they use a "hybrid" model of legal regulations. This rule is determined mainly by the system conditions that are made of the degree of market development, i.e. if the farmland market is in its infancy, and the farmland transfer thus is not active, it is necessary to issue a big number of direct legal legislation’to promote farmland transfer; once it increasingly becomes a mature market, the mode of legal regulations on the function of farmland scale management will evolve into a "hybrid" model of legal regulations.According to this tendency of legal regulations, we look back upon the current situation of the legislation in our country:as the practices of farmland scale management have achieved satisfactory results in various regions, our country starts to continuously introduce relevant legislation from the national level, such as Property Law, Security Law, Law of Land Contract in rural areas and etc., to regulate the principles and behaviors of farmland transfer. At the same time, in order to respond to the call of national legislation and policy, local governments enact local laws and regulations in succession which is to further regulate the activities of farmland transfer and assembly happened in local areas, and put forward some new experimental regulations according to the practical experiences. Therefore, the system of the legal regulations on the function of farmland scale management has been established in our country.Since the legislation of regulating the function of farmland scale management is still in its infancy, there are the following characteristics about this legal regulation system:(1) a large number of the contents of direct regulating farmland scale management are still in the form of policy documents which have not transformed into the legislation;(2) the legal system which is consist of relevant laws and regulations issued by local governments plays a dominant role in achieving the goal of farmland scale management;(3) by enacting the policy of tasks of farmland transfer’s indicators, local governments intervene the behavior of farmland transfer. These characteristics cause that our legal regulations on the function of farmland scale management have the problems as below: First, the contents of relevant laws and regulations on farmland transfer and assembly lag behind the demand of the society, and the expression of many articles is more than clear which needs to be further elaborated. Second, due to deficiency of the regulations of national legislation, the contents of laws and regulations enacted by local governments have many differences between each other. Third, in order to complete the tasks of farmland transfer’s indicators, many local governments often apply their administrative power in hands to intervene farmland transfer, ignoring the willingness of peasants, which causes the "great leap forward" development of farmland transfer and assembly, intensifies the social contradictions, and worsens the relationship between the masses and the government. Among them, the problem that the supply of relevant legal system is insufficient and the contents of legislation lag behind the demand of the society embodies in the following aspects:first of all, in order to realize the social security function of farmland, and to ensure that all peasants have the basic right to life, our policy of farmland system falsely chooses the value of "fairness"; secondly, the system of direct legal regulations has the problem of inadequate regulations in some aspects, and there is the problem of excessive regulations in other aspects at the same time; last but not least, the system of indirect legal regulations has the problem of lack of legislation.The aim of writing this dissertation is to rebuild the system of legal regulations, in order to make it exert the due function of regulations, and thus to provide the design of the system of legal regulations on the function of farmland scale management which must be suitable for the situation of our country. In the first place, the mode of legal regulations on the function of farmland scale management in our country should choose the "hybrid" model which is consist of direct and indirect legal regulations. Then, the system of legal regulations on the function of farmland scale management should choose the principle of "efficiency first, fairness considered" as its legislative value orientation. Thirdly, it is necessary to strengthen the direct legal regulations when the function of farmland scale management occurs "market failure", including establishing the standard system of farmland moderate-scale management, the system of farmland consolidation forcibly for a statutory field size, the system of limiting the transfer of rural land contracted management right which will result in the segmentation of farmland. Fourthly, the system of legal regulations must further perfect the contents of the indirect legal regulations, including deregulating the function on farmland scale management when the market is effective (such as deregulate the entities of farmland scale management and the patterns of farmland transfer) and establishing the system of incentive regulations (such as transforming the direct legal regulations of farmland use control into indirect legal regulations and legalizing fiscal subsidies for the behavior of farmland transfer which will result in farmland scale management). Fifthly, the system of legal regulations must also improve the relevant supporting system, including the clarification of land property rights by carrying out the shareholding co-operative system of rural land contracted management right, the reinforcement of comprehensive rural social security system, and the further transfer of rural surplus labor force.