| Agriculture is the foundation of national development,rural finance is an important support for agricultural development,and rural financial legal system is the necessary guarantee for the healthy development of rural finance.In recent years,China has promulgated the People’s Bank of China Law,Commercial Banking Law,Securities Law,Insurance Law and other financial laws,but there is no special rural financial law.From the content of financial legal system,China’s financial legal system focuses on the adjustment of financial legal relations on the basis of urban industry and commerce,less involving rural finance.From the perspective of financial legal system,financial regulatory departments have promulgated a large number of administrative regulations and departmental rules,and local governments at all levels have promulgated various local laws and regulations.However,due to the low level of effectiveness of institutional norms,the temporary and fragmented nature of various rules and regulations has shown great limitations.From the perspective of the legislative concept of financial law,China’s current rural financial law mostly focuses on the supervision of rural financial institutions,but ignores the main role of farmers in rural financial development,and lacks the incentive and promotion system for the endogenous development of rural finance.Starting from the pursuit of substantial fair value of finance,this paper proposes the concept of Farmers’ financial development right based on the natural right theory of natural law,Marxism’s theory of "comprehensive and free development of human beings" and modern human rights theory.Farmers’ financial development right is a basic right for them to obtain financial resources,participate in financial activities,obtain financial support from the state and express financial needs as a socially vulnerable group.Financial resources are the basic resources for farmers to participate in economic activities and expand agricultural production.Whether the allocation of financial resources is fair or not is related to the realization of farmers’ rights of survival and development in modern society.Therefore,farmers’ financial development right is the basic right to realize other economic rights of farmers.At the same time,since farmers constitute the majority of China’s population and agriculture is the basic guarantee for social operation,the farmers’ financial development right is not only the individual right of farmers,but also related to rural revitalization,urban-rural integration development,sustainable development and other national development strategies.Under the background of urban-rural dual economic structure,financial institutions cannot give full play to the function of financial support to agriculture because the rural financial supply cannot meet the financial needs of farmers,and the large flow of rural financial resources to cities further weakens the financial support for rural economic development.As for the structural contradiction of rural financial supply and demand,this paper puts forward innovative ideas from the perspective of farmers’ financial development right to protect farmers’ main position as rural financial demanders and financial participants,so as to optimize the supply model of rural financial services and improve the rural financial market system.This paper makes an in-depth analysis and summary of relevant research results of rural financial theory and endogenous development theory of finance,and comprehensively uses historical analysis,comparative analysis,empirical research and other research methods to carry out research according to the levels of theoretical evidence-logical analysis-system construction.This paper puts forward the realization path of farmers’ financial development right from the supposed right to the actual right and from the abstract right to the concrete right.By analyzing the deficiencies of China’s current rural financial legal system in terms of legislative concept,legislative path and legislative technology,this paper refers to the legal experience of developed countries such as the United States,Germany and Japan in supporting the financial development of farmers and the successful experience of developing countries such as India and Bangladesh in developing microcredit and rural banks.It is proposed that the Law of the People’s Republic of China on Guarantee of Farmers’ financial development right(hereinafter referred to as the Law on Guarantee of Farmers’ financial development right)should be formulated as the basic legal basis for guaranteeing farmers’ financial development right.Through the role of the guide,the protection of farmers’ financial development,guide the rural finance to overcome the disadvantages of exogenous type mandatory institutional change,the balance law of rural financial market and the relationship between the state intervention,through the legal way to cultivate the market main body fair competition,market service system perfect,well-managed system of rural financial environment,financial risk The realization of farmers’ financial development right will drive the improvement of agricultural productivity,the development of rural economy and the progress of rural society,and realize the strategy of rural revitalization.The research on farmers’ financial development right has irreplaceable theoretical significance for in-depth exploration of the system integration,scientific innovation and coordinated promotion of China’s rural financial legal system,and has important practical significance for promoting rural financial services to farmers,agriculture,rural needs and the sustainable development of financial support for agriculture.Focusing on the topic of the right structure and legal realization of farmers’ financial development right,this paper makes an in-depth study from the following aspects:The first chapter is the basic theory of farmers’ financial development right.Through the dialectical analysis of the natural law theory of natural rights,from the marxist theories about "the overall development of man",the modern human rights theory,analysis of different angles of the theory of financial development farmers origin and theory of financial development of the internal logic,points out that the farmers financial development is based on China’s specific national conditions of the embodiment of equal right to development.Through in-depth analysis of the right subject,right object and specific content of farmers’ financial development right,this paper puts forward that farmers’ financial development right is the breakthrough point to achieve financial substantive equity,the driving source to improve financial efficiency and the important basis to guarantee financial security.The second chapter is the reflection and reconstruction of farmers’ financial development right to rural financial development path.Through the analysis of farmers financial development right in the whole rural finance,rural economy,urban and rural economic structure of the positioning,value and main functions.From the micro level,this paper analyzes the role of farmers’ financial development right in promoting the substantive equity of farmers’ rights,improving the ability of farmers to master financial resources,and improving the environment for farmers to participate in financial activities.This paper analyzes the mechanism of farmers’ financial development right to solve the contradiction between supply and demand structure of rural finance,improve the capital value of rural land and innovate the rural financial development from the meso level.This paper discusses the role of farmers’ financial development right in the realization of rural revitalization strategy,sustainable development strategy and urban-rural integration development strategy from the macro level,and reveals the promoting role of farmers’ financial development right in rural financial development.The third chapter is the dilemma and reason of the legal protection of farmers’ financial development right.Under the background of urban-rural dual economic structure,this paper systematically sorts out the historical context of the construction of rural financial legal system in China,including its start,stagnation,initial establishment,integration and exploration,and gradual development.In view of the difficulties existing in farmers’ financial development right,such as imperfect right guarantee mechanism,imperfect right implementation mechanism,lack of market service system and insufficient financial supervision system,Based on the deep understanding of the practical situation of rural finance,this paper analyzes the dilemma of farmers’ financial development caused by the "financial instrumentalism" legislation view under the financial restraint,the path dependence under the coercive institutional change,and the emphasis on the responding norm while ignoring the basic legislation.The fourth chapter is the reference of rural financial extraterritorial legal system from the perspective of farmers’ financial development right.From the perspective of the realization of Farmers’ financial development right,this paper selects representative countries of developed and developing countries for comparative analysis,and focuses on the reference of legal experience outside China.This paper analyzes the legal experience of Japan’s rural financial legal system in developing agricultural business based on the financial needs of farmers.This paper analyzes the German system of multi-financing,financial support,agricultural insurance and so on,which promotes the policy finance to play its agricultural supporting effect by the national guarantee system.Analyze the mechanism of American financial legal system to encourage rural financial services to disadvantaged groups.The paper also makes reference to the financial innovation model of serving farmers in developing countries,including the "micro-financial institution" system in India to meet the needs of farmers’ financial development,and the rural bank system in Bangladesh to promote farmers’ financial development ability.The fifth chapter is the construction system of farmers’ financial development right.From the perspective of constitutional basic rights,this paper interprets the constitutional basis and legal relations of farmers’ financial development right,analyzes the integration of farmers’ financial development right and people’s rights,the concrete extension of farmers’ financial development right to equal development right,and the obligation of the state to guarantee farmers’ financial development right.Based on the complete and systematic analysis of the right system of farmers’ financial development right,this paper analyzes the interest incentive mechanism of farmers’ right to obtain financial resources,innovates the financing organization mechanism,and develops the small and micro financial mechanism.Agricultural industry chain finance,rural endogenous cooperation financial organization,rural folk finance and other channels of farmers’ right to participate in financial activities;The administrative power restriction mechanism for farmers to obtain financial support rights,the coordination and integration mechanism of financial and fiscal support for agriculture,and the equalization mechanism of rural basic financial services;The information disclosure mechanism,opinion feedback mechanism,legal system publicity and education mechanism of farmers’ right to express financial demand.Chapter six is to realize the legal framework of farmers’ financial development right.The Law on Guarantee of Farmers’ financial development right promotes the all-round development of farmers based on the mechanism of empowerment,guarantee and incentive.Realize the balance of interests of rural financial subjects by empowering farmers through participatory,legal and comprehensive empowerment;In the protection of rights,the principle of the combination of government support and market mechanism,the balance between rights and obligations is emphasized.Guide social resources to invest in rural finance through system incentive.Based on the positioning of the basic law of rural finance,the Law on the Guarantee of Farmers’ financial development right clearly stipulates the responsibilities of local financial supervision,the combination of the basic rules of rural finance with local implementation rules,and the improvement of the innovative system of local legislation.It is proposed that the right of financial development of farmers can be transformed into real human rights by legal empowerment,the substantial justice of social resource allocation in rural areas can be promoted by legal protection,and the coordinated development of farmers and rural areas can be promoted by legal incentive.The seventh chapter is the supporting system for the realization of farmers’ financial development right.From the perspective of national responsibility,we should strengthen the support of farmers’ financial development right,including the correction of market failure by fiscal indirect incentive,the operating constraint system of financial support for agriculture,and the guiding mechanism of financial support for agriculture.In diversified rural financial system should perfect the incentive system on rural policy financial institutions,protect the legitimate rights and interests of farmers in the rural cooperative financial organizations,ensuring the farmers in rural commercial financial institutions the right to receive pratt&whitney financial resources,so as to form a complementary functions,coordinate motion and benign competitive supply of rural financial system.To improve the supporting market service system of farmers’ financial development right includes the mortgage guarantee system of rural land use right,the construction of effective rural financial risk sharing mechanism and the improvement of rural financial infrastructure services.Financial development needs should be established according to the farmer differentiation,with emphasis on the local financial supervision,rural finance supervision system,establish the rights of farmers participate in rural financial supervision,encourage the development of diversified rural financial institutions system reduces the rural finance transaction costs and financial risks,improve farmers’ availability of financial resources. |
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