| In China, the family farm is a new agricultural organizational form, which basing on the system of rural land contract management, the rural households face the market to large-scale and intensive agricultural production operations, by transfer the land or the operation of their own land, and the operating income as the main source of income for rural households. Currently, the family farms are still in the pilot stage of development, by determining the33pilot areas in the country to practice and explore. During the period of development, the family farms are in an awkward position, encounter various institutional barriers, including the problems about the legal and specific systems construction.The legal issues on the family farms such as the market regulation legal system of the family farms is imperfect. The basic Law of the family farms is absence. The family farms legislative lag, the effectiveness of the laws and regulations of low rank. The legislative technical level uneven, and the content is not standardized, especially the legal effect of the market regulation legal about the family farms market access. The national unified registration system has not been issued. There are large differences in the contents of normative legal documents about the conditions on establishing the family farms, specialized legislation about the regulation on the family farms exit ting market is inadequate. The laws and regulations about the family farm exit conditions shall not perfect. There are many problems on the concrete system construction. Such as the legal status of family farms has not been established, the different standards on qualification of the family farm operators, many issues on unfair competition, and product quality and safety issues during the family farms competing in the market. In order to promote development of family farms better, the government not only need to macro-control, but also need to give more market regulation on the family farms and continue to improve our market regulation law system of the family farm.And the industrial structure theory and the new industrial organization theory, which from the economics and agricultural science, provide a solid foundation for improving the family farm market regulation law legal system. The fair competition order value, the essence of fair value and the social public interest value are the value basis for perfecting the family farm market regulation law system. A series of normative documents about the regulations of the family farms market competition behaviors, provide a legal basis to improve the legal the regulations system of the family farms market competition behaviors. The institutional experiences in the family farm market regulation law system of United States, Japan and Taiwan of China, prompt us to enact and improve family farms market regulation legal system.So, in order to improve the legal regulation system of our country family farms market, it is necessary to improve the family farms market regulation legislation, accelerate the legislative process family farm law. And it is also necessary to improve the legal system of market regulation the family farm. The firstly, perfecting the market access system of family farms, establishing the principle of safety,freedom and equality to access the market, formulating a unified, and standardized registration system for family farms. The secondly, substantive review on the family farm registration, defining the qualifications of the people who establish the family farm. The thirdly, formulating and improving relevant legal systems and quit supporting measures abut the family out of the market, establishing uniform bankruptcy laws. The fourthly, developing family farm inspection system, establishing a dynamic supervision for the family farms, and strengthening the dynamic supervision. The fifthly, formulating and improving relevant legal systems and measures abut the regulations of family farm market competition behavior, such as encouraging the family farms to establish all kinds of cooperation organizations, regulating the counterfeiting, false advertising and the false identification labeling, ensuring the authenticity of quality safety information about the agricultural products, improving the relevant legal systems of supervision on the agricultural products quality, revising and improving the inopportune or inappropriate the laws and institutional measures about the family farms in the field of Anti Unfair Competition Law. |
