Solving the Problem of "Agriculture, Farmer, and Rural Area" by Rule of Law

Autor Ding Guomin Traducere de Gao Jianxun, Liu Yun

en Limba Engleză Hardback – 22 aug 2017

"Three Agriculture-related problems" is a social problem of public concern in China since its reform and opening up program. Nowadays, people from all walks of life have realized the seriousness of the problem, the urgency of solving the problem and the great significance of solving the problem to the deepening of socialist economic market. So far, there have been great achievements in the economic and sociological circles, but the research in the legal field is relatively weak. In search for methods and approaches for solutions, many researchers stopped where the problems arose. Therefore, to solve the "three agriculture-related problems" fundamentally, more insightful research shall be made from a higher perspective, that is, the rule of law.

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Livrare economică 31 martie-14 aprilie

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Specificații

ISBN-13: 9780761869207
ISBN-10: 0761869204
Pagini: 585
Dimensiuni: 152 x 229 x 35 mm
Greutate: 0.91 kg
Editura: Rowman & Littlefield

Cuprins

Chapter 1 Introduction 1.1 Questions 1.1.1 What is Rule of Law 1.1.2 What is ¿Three Agriculture-related Problems¿ 1.1.3 Relationship Between Rule of Law and ¿Three Agriculture-related Problems¿ 1.2 Significance of the Topic 1.2.1 Significance in Practice 1.2.2 Significance in Theory 1.2.3 Significance in History 1.3 Present Status of Researh Domestically and Aboard 1.3.1 Research from Economic Perspective 1.3.2 Research from Sciological Perspective 1.3.3 Research from Jurisprudence Perspective 1.3.4 Reserch Aboard 1.4 Logic Structure and Main Contents of the Book Chapter 2 Causes of ¿Three Agriculture-related Problems¿ 2.1 Vagueness of Property Right of the Agriculture Land 2.2 Dual Structure Between Urban Area and Rural Area 2.3 Neglegence of Farmer¿s Rights 2.4 Absence of Rule of Law in Rural Area Chapter 3 Choice of Mode for Solving ¿Three Agriculture-related Problems¿ 3.1 Political Reform in Rural Area with People at the Core 3.1.1 Shift of Government Function and Change of Government Structure in Rural Area 3.1.2 Building up of a Bridge Between Representative of Farmer Interest and the Government on an Equal Foot 3.1.3 Eradication of the Officialdom in the Rural Society Management 3.2 Property Right Reform with Agriculture Land at the Core 3.2.1 Privatization of Land Ownership 3.2.2 Access to Property Right to Public Utilities in Rural Areas 3.3 Integreted Development of Urban Area and Rural Area with Solving the Problem of Urban-rural Dual Structure as the Core 3.3.1 Urbanization of Agriculture Population 3.3.2 Capitalization of Agricultrue Land 3.3.3 Simplification of Taxes and Fees Collection Process 3.4 Creating and Safeguarding Right as the Core in Solving ¿Three Agriculture-related Problems¿ by Rule of Law 3.4.1 Creating Rights According to Law 3.4.2 Safeguarding Rights According to Law 3.5 Comprehensive Regulation of ¿Three Agriculture-related Problems¿ Chapter 4 Necessity and Urgency of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 4.1 Solving ¿Three Agriculture-related Problems¿ by Rule of Law is Necessary for Speeding up Industrialization 4.1.1 The ¿Three Agriculture-related Problems¿ Cannot be Neglected in the Process of Industrialization 4.1.2 Solving ¿Three Agriculture-related Problems¿ by Rule of Law is Guarantee of Smooth Promotion of Industrialization in China 4.2 Solving ¿Three Agriculture-related Problems¿ by Rule of Law is a Way to Consolidate the Status of Agriculture in the National Economy 4.2.1 To Adjust the Agriculture Constructure According to Law 4.2.2 To Safeguard the Industrialized Operation According to Law 4.2.3 To Ensure the Quality and Safety of Agriculture Products 4.2.4 To Procure the Grain Safety According to Law 4.2.5 To Strengthen the Input in Agriculture 4.3 Solving ¿Three Agriculture-related Problems¿ by Rule of Law is Necessary for Deomcratic Politics and Social Stability 4.3.1 The Democratic Politic in Rural Area Develops Slowly 4.3.2 Rule of Law is the Powerful Safeguard of Democratic Politic in Rural Area 4.3.3 The Stability in Rural Area Cannot be Achieved Without Rule of Law 4.4 ¿Solving ¿Three Agriculture-related Problems¿ by Rule of Law is the Demand of Spiritual Civilization in Rural Areas 4.4.1 The Ideaological and Moral Construction in Rural Areas Cannot be Achieved without Rule of Law 4.4.2 Rule of Law is Needed in Education, Science and Culture Construction 4.5 Solving ¿Three Agriculture-related Problems¿ by Rule of Law is Necessary for China to Catch up with International Practice after its Joining into WTO 4.5.1 The Legislative Adjustment to the Circulation System of Agriculture Products 4.5.2 The Legislative Adjustment to Agriculture Input and Protection 4.5.3 The Legislative Adjustment to Agriculture Resources 4.5.4 The Legislative Adjustment to Agriculture Education and Science Chaper 5 Feasibility of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 5.1 A Shift from Rule of Man to Rule of Law has Become Common Sense of the Nation 5.2 China has Accumulated Plenty of Experience in Rule of Law 5.3 A¿Conducive¿Mechanism of State Laws Penetrating Successfully into Rural Society and Rural Society Being Responsive to State Laws has Been Established 5.4 The Successful Experience in Foreign Countries in Solving ¿Three Agriculture-related Problems¿ by Rule of Law has Set up Good Examples 5.4.1 To Establish Complete Legislative System Concerning Agriculture 5.4.2 To Establish Three-dimension Legal Enforcement System Concerning Agriculture Chaper 6 The Target, Principle, Step and Content System of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 6.1 Target of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 6.1.1 To Keep Stable of the Rural Society and Maintain Good Social Order 6.1.2 To Ensure the Smooth and Rapid Development of Rural Economy and Realize Scoical Efficiency 6.1.3 To Secure Coordinated Development and Realize Socical Equality 6.1.4 To Safeguard the Right and Freedom of the Farmers and Realize Social Justice 6.2 Principles of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 6.2.1 The Principle of Supreme and Absolutle Authority of State Law 6.2.2 Principle of Safegarding the Equal Right of the Farmers 6.2.3 Principle of Assuring the Litigation Rights of the Farmers 6.2.4 Principle of Comprehensive Management 6.3 Steps of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 6.3.1 Stage of Separated Regulation in Urban Area and Rural Area 6.3.2 Stage of Coordinated Development in Urban Area and Rural Area 6.3.3 Stage of Integrated Development in Urban Area and Rural Area 6.4 Content System of Solving ¿Three Agriculture-related Problems¿ by Rule of Law 6.4.1 Legislation of ¿Three Agriculture-related Problems¿ 6.4.2 Judicial and Law Enforcement of ¿Agriculture-related Problems¿ 6.4.3 Legal Service Market in Rural Areas 6.4.4 Legal Consciousness of Farmers and Rural Cadres Chapter 7 Modes and Approaches for Solving ¿Three Agriculture-related Problems¿ by Rule of Law 7.1 Modes for Solving ¿Three Agriculture-related Problems¿ by Rule of Law 7.1.1 Government Promoting Mode and its Operation Mechanism 7.1.2 Society Promoting Mode and its Realizing Condictions 7.2 Approaches to Solve ¿Three Agriculture-related Problems¿ by Rule of Law 7.2.1 A Fundamental Change in the Government¿s Ruling Strategy 7.2.2 An Increase of Right Consciousness of the Farmer 7.2.3 An Efficient Supply of Legal Sources in Rural Area Chapter 8 Legislative Drawbacks of ¿Three Agriculture-related Problems¿ and Corresponding Strategies 8.1 An Analysis of the Drawbacks in Legislation Concerning ¿Three Agriculture-related Problems¿ 8.1.1 Problem with Basic Agriculture System 8.1.2 Problem with Land System 8.1.3 Problem with Economic Cooperative of Farmers 8.1.4 Problem of Farmers¿ Burden 8. 2 Strategies for Legislation Addressing ¿Three Agriculture-related Problems¿ 8.2.1 Constitutionality in Rural Area 8.2.2 Sustainment or Abondment of Law of Villagers Committee Organization 8.2.3 Legislation of Property Law in Rural Area 8.2.4 Social Security in Rural Area 8.2.5 Construction of Economic Law System in Rural Area Chapter 9 Judicial Drawbacks of ¿Three Agriculture-related Problems¿ and Corresponding Strategies 9.1 An Analysis of Judicial Drawbacks in ¿Three Agriculture-related Problems¿ 9.1.1 Non-independence of Judicial Work 9.1.2 Judicial Corruption 9.1.3 Crisis with Judicial Reputation 9.2 Strategies for Judicial Work Tackling ¿Three Agriculture-related Problems¿ 9.2.1 To Strengthen and Stablize Judicial Staff in Rural Area 9.2.2 To Speed up Judicial Reform in Rural Area 9.2.3 To Strive for Judicial Independence 9.2.4 To Promote the Regulated Legal Service Market in Rural Area Chapter 10 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Legal Consciousness of Relative Subjects 10.1Weak Legal Consciousness of Farmers, Including Rural Cadres 10.1.1 Fatal Destruction to Regulation of ¿Three Agriculture-related Problems¿ Resulting from Abuse of Administrative Power 10.1.2 Repellion of Law by Folk Feeling 10.1.3 Conflict of Folk Norms with the State Laws 10.2 Measures for Increasing the Legal Consciousness of Farmers including Cadres 10.2.1 To Strengthen the Popularization of Law to Englighten the Legal Consciousness of Farmers 10.2.2 To Carry out Administration Work According to Law and Safeguard the Authority of Law 10.2.3 To Practice Self-governance of Villagers and Awake the Right Consciousness of Farmers 10.3 Orientation of Farmers and Cardres in Terms of Legal Consciousness 10.3.1 Consciousness of Cadres in Rural Area 10.3.2 Consciousness of Rural Judicial Organs as Neutral Referee 10.3.3 Right Consciousness of Farmers Chapter 11 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Constitutionality in Rural Area 11.1 The Emergence of Constitutionality in Rural Area 11.1.1 The Dual Household System Between Urban and Rural Area 11.1.2 Rural Area-A Neglected Area by Constitutionalism and Rule of Law 11.2 Survey of Rural Constitutionalism 11.2.1 Connotation of Rural Constitutionalism 11.2.2 Significance of Rural Constitutionalism 11.3 Possibility and Problems with Rural Constitutionalism 11.3.1 Possibility of Rural Constitutionalism 11.3.2 Problems with Rural Constitutionalism 11.4 Realization of Rural Constitutionalism 11.4.1 Problems with Land Ownership in Rural Area 11.4.2 Self-governance of Villagers 11.4.3 Problems with Reform of Township System 11.4.4 Problems with Farmers¿ Association Chapter 12 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Improvement of Villagers Committee Election System 12. 1 Survey of Election System of Villagers Committee 12.1.1 Concept and Nature of Election System of Villagers Committee 12.1.2 Features of Election System of Villagers Committee 12.1.3 Democratic Tradition in Rural Area and Election System of Villagers Committee 12.1.4 Significance of Election System of Villagers Committee 12.2 Problems with Election System of Villagers Committee and Impacting Factors 12.2.1 Qualification of Villager Voters 12.2.2 Qualification of Candidates to Villagers¿Committee Members 12.2.3 Problem with Bribery in Election 12.2.4 Problem with Removal Procedure 12.2.5 Problem with Indifference Attitude in Election 12.3 Suggestions for Completing Election System of Villagers Committee 12.3.1 To Strengthen the Construction of Election System of Villagers Committee 12.3.2 To Strengthen the External Construction of Election System of Villagers Committee Chapter 13 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Improvement of Land System in Rural Area 13.1 Drawbacks of Applicalbe Land Ownership System in Rural Area 13.1.1 Problems with Collective Land Ownership in Rural Area 13.1.2 Problems with Land Contracting Operation Right in Rural Area 13.2 Improvement of Circulation System of Agriculture Land 13.2.1 Significance of Circulation System of Agriculture Land 13.2.2 Principle of Circulation System of Agriculture Land 13.2.3 Problem with Circulation System of Agriculture Land 13.2.4 Completion of of Circulation System of Agriculture Land 13.3 Completion of Appropriation Sytem of Agriculture Land 13.3.1 Protection of Farmers¿ Interests in Land Appropriation Compensation 13.3.2 Reasons for Infrigement of Farmers¿ Interests in Land Appropriation 13.3.3 Theoretical Basis of and Measures for Farmers¿ Interests Protection Chapter 14 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Improvement of Rural Cooperative System 14.1 Overiew of Rural Cooperative System 14.1.1 Functions and Features of Rural Cooperative System 14.1.2 Basic Theory of Rural Cooperative Legal System 14.2 International Trend of Rural Cooperative Legal System 14.2.1 International Legislation of Rural Cooperative System 14.2.2 New Trends of Rural Cooperative System 14.3 Theoretical and Practical Basis of Rural Cooperative System in China 14.3.1 Theoretical Basis of Rural Cooperative Legal System in China 14.3.2 Practical Basis of Rural Cooperative System in China 14.4 Necessity and Feasiblity of Rural Cooperative Legal System in China 14.4.1 Necessity of Rural Cooperative Legal System in China 14.4.2 Feasiblity of Rural Cooperative Legal System in China 14.5 Legislation of Rural Cooperative System in China 14.5.1 Legislation of Rural Cooperative System Before Founding of New China 14.5.2 Legislation of Rural Cooperative System at Beginning of New China 14.5.3 Legislation of Rural Cooperative System in China at Present Stage 14.6 Setting up a Cooperative System Fitting for Rural Areas in China 14.6.1 Major Problems in Setting up of Rural Cooperative Legal System in China 14.6.2 Major Problems to be Solved in Setting up of Rural Cooperative Legal System in China Chapter 15 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Imporvement of Agricultural Industrialization System 15.1 Overiew of Agricultural Industrialization 15.1.1 Background of Agricultural Industrialization 15.1.2 Clarification of the Concept of Agricultural Industrialization 15.1.3 Essential Features of Agricultural Industrialization 15.2 Regulation of Government Activities in Agricultural Industrialization 15.2.1 Necessity of Governmental Macro-control in Agricultural Industrialization 15.2.2 Obviation and Rectification of Government Activities 15.3 Legal Issues of Various Subjects in Agricultural Industrialization 15.3.1 Qualification of Legal Subjects of Farmer Household in Agricultural Industrialization 15.3.2 Agriculture Economic Cooperative 15.3.3 Legal Personality of the Subjects in Agricultural Industrialization 15.4 Legal Issues of Operational Activities in Agricultural Industrialization 15.4.1 Legal Issues Concerning Contract in Agricultural Industrialization 15.4.2 Discussion over the Manor Model as a Close Relationship Model Chapter 16 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Completion of Social Security System in Rural Area 16.1 Overview of Social Security in Rural Area 16.1.1 Basic Contents of Social Security 16.1.2 Emergence and Development of Social Security 16.1.3 Background of Social Security in Rural Area 16.1.4 Present Status of Social Security in Rural Area Perplexed by ¿Three Agriculture-related Problems¿ 16.1.5 Construction of Harmonic Socialist Society and Social Security System in Rural Area 16.2 Social Security Function of Land is Being Questioned 16.2.1 To Pierce the Veil of the Social Security Function of Land 16.2.2 Malfunction of Government and Market 16.2.3 Security Function of Land does not Equal to ¿Social Security¿ 16.2.4 Land Household Contracting is not a Blessing of the State to the Farmer 16.3 Construction of Social Security System in Rural Area 16.3.1 Construction of Minimum Living Security System for Rural Residents 16.3.2 Design of Minimum Living Security System for Rural Residents Chapter 17 Solving ¿Three Agriculture-related Problems¿ by Rule of Law and Protection of Rights of Migrant Workers 17.1 Present Status of Protection of Migrant Workers 17.1.1 Problems with Politic Rights 17.1.2 Problems with Labor Rights and Interests 17.1.3 Problems with Cultural and Educational Rights 17.1.4 Problems with Basic Living Standard 17.2 Causes of Problems with Migrant Workers 17.2.1 Incoordinate Relationship Between Urban Area and Rural Area 17.2.2 Incoordinate Relationship Between Employers and Employees 17.2.3 Incoordinate Relationship Between Public Investment and Private Investment 17.2.4 Incoordinate Relationship Between Different Regions 17.3 Measures for Protection of Basic Rights and Interests of Migrant Workers 17.3.1 To Break up the Dual System Between Urbana Area and Rural Area is the Fundamental Measure to Protect the Rights and Interests of Migrant Workers 17.3.2 The Principles to Follow for Protection of Rights and Interests of Migrant Workers 17.3.3 Specific System for Protection of Rights and Interests of Migrant Workers Chapter 18 Summary, Prospect and Acknowledgement 18.1 Summary of the Book 18.2 Prospect of the Study 18.3 Acknowledgement

Notă biografică

Ding Guomin was an attorney at law as well as a Deputy Chief of county government and has deep understanding of the situation of rural area in China. Guomin has been engaged in the teaching and research of economic law for many years and has accumulated rich experience in the subject.

Descriere

The core of three rural issues in China is the rights and interests of farmers, which could only be solved fundamentally by rule of law.

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