我国家庭农场法律制度分析-analysis of legal system of family farms in china.docx

AbstractFamily farm is not only the most important camp form of agriculture in Western countries but also new agricultural business entity focused on cultivating by our country in the future. 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.1 Document in 2013—Some Opinions of the Central Committee of CPCand the State Council on Accelerating the Development of Modern Agriculture and Further Enhancing the Vitality of Rural Development provided the guidance of encourage and support the development of family farms, the country began to actively explore the development mode of family farms, but encountered a no legal basis serious dilemma in the process of implementation. Therefore, on analyzing the relevant theories of family farms, this article try to research family farm in the institutional system of law in our country, making an attempt on building a multidimensional legal system involved the legal status, the legal system of market access, the legal system of management, the legal system of establishing registration, the exit strategy and regulation legal system, in order to provide practical advices for 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 of the family farm occurs mainly in eastern China where the rural land circulation is a relatively common phenomenon. These areas not only constructed the pilot project of family farms but also introduced the relevant regulations and policies. However, both practice and local regulations and policies about the understanding of the concept and nature of the family farm are in a fuzzy state, theorists have also a big controversy. There are three main kinds of definitions of family farms in China: entrepren