Research On Civil Legal System Of Agricultural Strategy Of E-Securities In China

Agricultural production operators was raised in the central document No.1 in2013,which put forward to develop large-scale,intensive and commercialized new agricultural production and management entities.Agricultural production operators are the key organizations in the field of agricultural production and management in the future.However,in the process of actively exploring new types of agricultural producers and operators in all parts of the country,there has been difficult and confusing predicaments which was the lack of rules and the rule chaos.Therefore,based on the analysis of current situation of agricultural production operators legislation and relevant theories,advanced experience of agriculture in developed countries,this article tries to construct the system of civil institution of agricultural production operators,which includes that the definition of the concept of agricultural production operators,the forms of agricultural production operators,the system of agricultural production operators accreditation,the exit system of agricultural production operator.In addition to the introduction,this article is divided into four parts:The first part is the definition of the concept of agricultural production operators.The system of agricultural production operators comes into being under the background that the traditional rural contracted land use right system has not been able to meet the practical needs of modernized agricultural scale,intensification,and commercialization.Although the concept of “family farm” was proposed in the process of exploring new types of agricultural production and management subjects,the concept is not a legal concept,and the concept of agricultural production operator is more accurate.To this end,this section assembles the origin of the agricultural production operator system,analyzes the relevant regulations of the agricultural production operators in the current legal system,and redefines the concepts of agricultural production operators.Agricultural production operators refer to the rural land contract operation households,corporation and other organization,which use agricultural land,sea areas and agricultural facilities,and engage in crop farming,forestry,animal husbandry,fishery production and management,as well as agriculture,forestry,animal husbandry and fishery services.The second part is the main form of the agricultural production operators.After clarifying the concept of agricultural production operators,this section analyzes the legislative status quot of China's agricultural production operators,and finds that there are problems include that the lack of legislation in the form of the agricultural production operator system,the conflict of capacity between individual industrial and commercial households and the agricultural production operators and the conflict between the limit of forms and the principle of autonomy of will.This section,combined with the characteristics of agricultural producers and operators,referenced to the United States,France,Japan and other international advanced experience,choose the main form suitable for China's agricultural production operators.The diversified development of the form of agricultural production operators is the trend of agricultural modernization.China's agricultural production operators are at the initial stage of the development.In order to provide space for the developing smaller-scale agricultural production and management organizations,this section proposes viewpoints: allowing the establishment of agricultural production operators in the form of rural land contract operation households,encouraging small-and medium-scale agricultural production operators to choose the forms of individual proprietor-ships and partnerships,and pointing that agricultural production operators will carefully choose company forms,and opposing the establishment of individual industrial and commercial households and new forms of subject Agricultural production operators.The third part is the system of certifying the founders of agricultural production operators.Legislators need to set definite standards for the founders of agricultural production operators because of the special protection of agriculture and the maintenance of farmers' survival and security.However,there are confusions between the certifying standards of founders and the surviving standards of agricultural production operators of the current rules.This section analyzes the legislative status of China's agricultural production operators' founders certification standards,summarizes various academic points of view,and combines the practical experience of China's agricultural production and operation with reference to Japan and Germany and other international advanced experiences,and advances to build the system of identifying thefounders of agricultural production operators.The system of certifying the founders of agricultural production operator is divided into the natural person founder certification standards and the organizational type founder identification standards.The natural person founder certification stander is a competitive stander,namely household registration standards and agricultural skill standards.The organizer should be an agricultural producer and operator with independent legal personality.The fourth part is the exit system of agricultural production operators.The exit system of agricultural production operators includes the termination rules of agricultural production operators and the land disposal rules after the exit of agricultural production operators.The termination rules for agricultural production operators are divided into active termination rules and mandatory termination rules.The important content of the mandatory termination rule is the survival standard of agricultural production operators.With regard to the issue of surviving standards for agricultural production operators,this section puts forward: First,household registration standards,and agricultural skills standards should be used as the standards for the identification of agricultural production operators,rather than the surviving standards of agricultural production operators.Second,there should be no standard for agricultural income standards and demonstration leading roles.Thirdly,the labor structure and scale of operation are used as the surviving standards for agricultural producers and operators.Above all,the restrictions on existing labor structure standards should be appropriately liberalized.Furthermore,different minimum scales of agricultural production operators should be stipulated for different forms of agricultural production operators.In order to prevent contiguous land fragmentation that may occur after the termination of agricultural production operators and protect farmers' basic land rights,this section proposes land disposal rules after the termination of agricultural producers and operators: Above all,give land rights holders preferential transfer of land Furthermore,the land used by the former agricultural producers and operators must be transferred in whole or in large chunks.Last but not least,the agricultural production and operation supervision department takes over land that no one undertakes.