Research On Legal System Of Family Farm In Our Country

Family farm is not only the most important camp form of agriculture in Westerncountries but also new agricultural business entity focused on cultivating by our country in thefuture. Family farm has a pivotal role for the development of moderate scale land operation,promoting agricultural modernization and promoting the construction of new countryside.After the central No.1Document in2013—"Some Opinions of the Central Committee of CPCand the State Council on Accelerating the Development of Modern Agriculture and FurtherEnhancing the Vitality of Rural Development" provided the guidance of "encourage andsupport the development of family farms", the country began to actively explore thedevelopment mode of family farms, but encountered a "no legal basis" serious dilemma in theprocess of implementation. Therefore, on analyzing the relevant theories of family farms, thisarticle try to research family farm in the institutional system of law in our country, making anattempt on building a multidimensional legal system involved the legal status, the legalsystem of market access, the legal system of management, the legal system of establishingregistration, the exit strategy and regulation legal system, in order to provide practical advicesfor construction of the legal system of family farms. Besides the introduction and conclusion,the article composes of three parts as follows:Part I-The Theoretical and the Practice Analysis of Family Farms in China. Practice ofthe family farm occurs mainly in eastern China where the rural land circulation is a relativelycommon phenomenon. These areas not only constructed the pilot project of family farms butalso introduced the relevant regulations and policies. However, both practice and localregulations and policies about the understanding of the concept and nature of the family farmare in a fuzzy state, theorists have also a big controversy. There are three main kinds ofdefinitions of family farms in China:"entrepreneurial economic entity theory","the farmerenterprise theory ","the new economic organizations theory ". Ministry of Agriculture of thePeople’s Republic of China adopted the "new economic organization theory" that "the familyfarm is new agricultural business entity which the family as the main labor, engages inagriculture production and operations in scale, intensive and commercialization way, and thefamily main source of income is farming income. This definition reflects characteristics offamily-owned and operated in moderate scale, but definition of "family member" and "farm"is still vague, can not explain the nature of the family farm. Part II-Legal Issues of Developing Family Farms in China. In our practice, familyfarms has problems of unclear legal status, access conditions fuzzy, internal organizationalstructure confusion, the lack of external supervision, imperfect risk prevention and exitsystem and so on. To solve these problems, this section will analyze the theory and practicalobstacles of constructing the legal system of family farms, and discuss the direction ofbreaking through these obstacles.Part III-Special Consideration on Constructing the Legal System of Family Farms inChina. How to build a multidimensional legal system of family farms, there is no systematicstudy in theory. In the construction of legal system of family farm, we should be properlyabsorbed and introduce the mature theories and experiences of the United States, Japan,France and other countries. Furthermore, combining the family-run historical backgroundwith the characteristics of China’s rural economy in transition, we try to explore the legalsystem of family farms of China. In this part, according to the characteristics of our country’slegal system and family farms, we should also set "family farm act" to make the family farmlegalization.