我国家庭农场法律制度研究
发布时间：2018-10-26 13:03
【摘要】：家庭农场作为一种新型农业生产经营方式,是以农村家庭为经营主体,在农村土地家庭承包经营的基础上,通过市场主导经营自有土地或流转所得土地等方式进行,同时以这种形式获得的收入在经营主体总收入中占有重要的地位。目前在我国家庭农场的发展还处在试点阶段,全国共有33个示范点,希望通过示范点的运行情况积累相应的经验;由于缺少相关的运行经验,示范过程中会不可避免的遇到各种困难,法律制度方面的不足是其中一个重要方面。这主要体现在相关市场法律体系、立法和市场监管制度的建立这三个方面。现有的法律法规效力位阶低,各地规章的制定水平参差不齐;特别是规制家庭农场市场准入的法律制度的缺位,尚且没有形成全国性的注册管理制度,不同地区执行的法律法规存在较大的差别;在对家庭农场市场退出问题上缺少法律规制,对其退出行为缺少明确的条件限制和规范。在家庭农场具体制度构建上的问题有:家庭农场的法律地位不明确,理论界对其法律地位的认定也分歧较大;家庭农场经营者的主体资格认定缺少统一规范;部分经营者为了自身利益采取一些不正当竞争的措施,甚至无法有效保证产品的质量和生产过程中的安全。所以说只有将宏观调控和法律制度方面的保障有机结合起来才能有效保证我国家庭农场的健康和快速发展,利国利民。世界上部分发达国家经过长期的实践活动积累了较为丰富的经验,并在法律法规和制度体系等方面都进行了相应的创新,其中较为突出的国家有美国、日本以及法国。主要体现在:首先在国家层面上都建立了相应的法律法规和制度体系,从国家层面上保障家庭农场的法律地位;其次在财政、金融、科技等方面也为其不断发展提供了极大的便利。借鉴西方发达国家在家庭农场历史发展过程中的先进经验可以看出法律法规和制度体系的建立是其健康和快速发展的重要前提和保障。应该明确法律法规的出发点是有效保障农民享有的各种权益,最终目标是有效和快速提升家庭农场的发展水平和质量,基本原则是充分发挥市场调节与宏观调控相结合,内在基础是通过建立家庭农场土地流转法律制度,促进家庭农场经营的制度化外部条件是建立有益于家庭农场发展的财税、金融、科技等制度。
[Abstract]:As a new mode of agricultural production and management, the family farm is based on the rural family as the main management, on the basis of the rural land household contract management, through the market-led management of their own land or circulation of land, and so on. At the same time, the income obtained in this form occupies an important position in the gross income of the business body. At present, the development of family farm in our country is still in the pilot stage, there are 33 demonstration sites in China, hoping to accumulate the corresponding experience through the operation of the demonstration sites; Due to the lack of relevant operational experience, difficulties will inevitably be encountered in the process of demonstration, and the deficiency of the legal system is one of the important aspects. This mainly manifests in the related market legal system, the legislation and the market supervision system establishment these three aspects. The existing laws and regulations have a low level of effectiveness, and the level of formulation of local regulations is uneven; In particular, the absence of legal system to regulate the market access of family farms has not yet formed a nationwide registration management system, and there are great differences in the laws and regulations implemented in different regions; There is a lack of legal regulation on the withdrawal of family farm market, and a lack of clear conditions and norms for the withdrawal behavior of the family farm market. The problems in the construction of family farm system are as follows: the legal status of family farm is not clear, the legal status of family farm operator is not clear, the main body qualification of family farm operator is lack of uniform standard, and the legal status of family farm is not clear. Some operators take some unfair competition measures for their own benefit, even can not effectively guarantee the quality of products and the safety in the production process. Therefore, only by organically combining macro-control and legal system can we effectively ensure the healthy and rapid development of family farms in our country and benefit the country and the people. Some developed countries in the world have accumulated rich experience after a long period of practical activities, and have made corresponding innovations in laws, regulations and system systems, among which the more prominent countries are the United States, Japan and France. Mainly reflected in: first of all in the national level has established the corresponding laws and regulations and the system, from the national level guarantees the family farm's legal status; Secondly, in finance, science and technology and other aspects of its continuous development has provided great convenience. Drawing lessons from the advanced experience of the western developed countries in the historical development of family farms, we can see that the establishment of laws, regulations and systems is an important prerequisite and guarantee for its healthy and rapid development. It should be made clear that the starting point of laws and regulations is to effectively protect the various rights and interests enjoyed by farmers, and the ultimate goal is to effectively and rapidly improve the development level and quality of family farms, and the basic principle is to give full play to the combination of market regulation and macro-control. The internal foundation is to establish the legal system of land circulation of family farms, and the external conditions to promote the institutionalization of family farm management are to establish financial, scientific and technological systems beneficial to the development of family farms.
【学位授予单位】：武汉工程大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.4
[Abstract]:As a new mode of agricultural production and management, the family farm is based on the rural family as the main management, on the basis of the rural land household contract management, through the market-led management of their own land or circulation of land, and so on. At the same time, the income obtained in this form occupies an important position in the gross income of the business body. At present, the development of family farm in our country is still in the pilot stage, there are 33 demonstration sites in China, hoping to accumulate the corresponding experience through the operation of the demonstration sites; Due to the lack of relevant operational experience, difficulties will inevitably be encountered in the process of demonstration, and the deficiency of the legal system is one of the important aspects. This mainly manifests in the related market legal system, the legislation and the market supervision system establishment these three aspects. The existing laws and regulations have a low level of effectiveness, and the level of formulation of local regulations is uneven; In particular, the absence of legal system to regulate the market access of family farms has not yet formed a nationwide registration management system, and there are great differences in the laws and regulations implemented in different regions; There is a lack of legal regulation on the withdrawal of family farm market, and a lack of clear conditions and norms for the withdrawal behavior of the family farm market. The problems in the construction of family farm system are as follows: the legal status of family farm is not clear, the legal status of family farm operator is not clear, the main body qualification of family farm operator is lack of uniform standard, and the legal status of family farm is not clear. Some operators take some unfair competition measures for their own benefit, even can not effectively guarantee the quality of products and the safety in the production process. Therefore, only by organically combining macro-control and legal system can we effectively ensure the healthy and rapid development of family farms in our country and benefit the country and the people. Some developed countries in the world have accumulated rich experience after a long period of practical activities, and have made corresponding innovations in laws, regulations and system systems, among which the more prominent countries are the United States, Japan and France. Mainly reflected in: first of all in the national level has established the corresponding laws and regulations and the system, from the national level guarantees the family farm's legal status; Secondly, in finance, science and technology and other aspects of its continuous development has provided great convenience. Drawing lessons from the advanced experience of the western developed countries in the historical development of family farms, we can see that the establishment of laws, regulations and systems is an important prerequisite and guarantee for its healthy and rapid development. It should be made clear that the starting point of laws and regulations is to effectively protect the various rights and interests enjoyed by farmers, and the ultimate goal is to effectively and rapidly improve the development level and quality of family farms, and the basic principle is to give full play to the combination of market regulation and macro-control. The internal foundation is to establish the legal system of land circulation of family farms, and the external conditions to promote the institutionalization of family farm management are to establish financial, scientific and technological systems beneficial to the development of family farms.
【学位授予单位】：武汉工程大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.4
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