Solving the Problem of &quote;Agriculture, Farmer, and Rural Area&quote; by Rule of Law (eBook)

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.

Chapter 1 Introduction 1.1 Questions1.1.1 What is Rule of Law1.1.2 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 Practice1.2.2 Significance in Theory1.2.3 Significance in History1.3 Present Status of Researh Domestically and Aboard1.3.1 Research from Economic Perspective1.3.2 Research from Sciological Perspective1.3.3 Research from Jurisprudence Perspective1.3.4 Reserch Aboard1.4 Logic Structure and Main Contents of the BookChapter 2 Causes of “Three Agriculture-related Problems”2.1 Vagueness of Property Right of the Agriculture Land2.2 Dual Structure Between Urban Area and Rural Area2.3 Neglegence of Farmer’s Rights2.4 Absence of Rule of Law in Rural AreaChapter 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 Core3.2.1 Privatization of Land Ownership 3.2.2 Access to Property Right to Public Utilities in Rural Areas3.3 Integreted Development of Urban Area and Rural Area with Solving the Problem of Urban-rural Dual Structure as the Core3.3.1 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 Law3.4.1 Creating Rights According to Law3.4.2 Safeguarding Rights According to Law3.5 Comprehensive Regulation of “Three Agriculture-related Problems”Chapter 4 Necessity and Urgency of Solving “Three Agriculture-related Problems” by Rule of Law4.1 Solving “Three Agriculture-related Problems” by Rule of Law is Necessary for Speeding up Industrialization4.1.1 The “Three Agriculture-related Problems” Cannot be Neglected in the Process of Industrialization4.1.2 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 Products4.2.4 To Procure the Grain Safety According to Law4.2.5 To Strengthen the Input in Agriculture4.3 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 Area4.3.3 The Stability in Rural Area Cannot be Achieved Without Rule of Law4.4 “Solving “Three Agriculture-related Problems” by Rule of Law is the Demand of Spiritual Civilization in Rural Areas4.4.1 The Ideaological and Moral Construction in Rural Areas Cannot be Achieved without Rule of Law4.4.2 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 WTO4.5.1 The Legislative Adjustment to the Circulation System of Agriculture Products 4.5.2 The Legislative Adjustment to Agriculture Input and Protection4.5.3 The Legislative Adjustment to Agriculture Resources4.5.4 The Legislative Adjustment to Agriculture Education and ScienceChaper 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 Nation5.2 China has Accumulated Plenty of Experience in Rule of Law5.3 A　Conducive　Mechanism of State Laws Penetrating Successfully into Rural Society and Rural Society Being Responsive to State Laws has Been Established5.4 The Successful Experience in Foreign Countries in Solving “Three Agriculture-related Problems” by Rule of Law has Set up Good Examples5.4.1 To Establish Complete Legislative System Concerning Agriculture5.4.2 To Establish Three-dimension Legal Enforcement System Concerning AgricultureChaper 6 The Target, Principle, Step and Content System of Solving “Three Agriculture-related Problems” by Rule of Law6.1 Target of Solving “Three Agriculture-related Problems” by Rule of Law6.1.1 To Keep Stable of the Rural Society and Maintain Good Social Order6.1.2 To Ensure the Smooth and Rapid Development of Rural Economy and Realize Scoical Efficiency6.1.3 To Secure Coordinated Development and Realize Socical Equality6.1.4 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 Law6.2.1 The Principle of Supreme and Absolutle Authority of State Law6.2.2 Principle of Safegarding the Equal Right of the Farmers6.2.3 Principle of Assuring the Litigation Rights of the Farmers6.2.4 Principle of Comprehensive Management6.3 Steps of Solving “Three Agriculture-related Problems” by Rule of Law6.3.1 Stage of Separated Regulation in Urban Area and Rural Area6.3.2 Stage of Coordinated Development in Urban Area and Rural Area6.3.3 Stage of Integrated Development in Urban Area and Rural Area6.4 Content System of Solving “Three Agriculture-related Problems” by Rule of Law6.4.1 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 Areas6.4.4 Legal Consciousness of Farmers and Rural CadresChapter 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 Law7.1.1 Government Promoting Mode and its Operation Mechanism7.1.2 Society Promoting Mode and its Realizing Condictions7.2 Approaches to Solve “Three Agriculture-related Problems” by Rule of Law7.2.1 A Fundamental Change in the Government’s Ruling Strategy7.2.2 An Increase of Right Consciousness of the Farmer7.2.3 An Efficient Supply of Legal Sources in Rural AreaChapter 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 System8.1.2 Problem with Land System8.1.3 Problem with Economic Cooperative of Farmers8.1.4 Problem of Farmers’ Burden8. 2 Strategies for Legislation Addressing “Three Agriculture-related Problems” 8.2.1 Constitutionality in Rural Area8.2.2 Sustainment or Abondment of Law of Villagers Committee Organization8.2.3 Legislation of Property Law in Rural Area8.2.4 Social Security in Rural Area8.2.5 Construction of Economic Law System in Rural AreaChapter 9 Judicial Drawbacks of “Three Agriculture-related Problems” and Corresponding Strategies9.1 An Analysis of Judicial Drawbacks in “Three Agriculture-related Problems” 9.1.1 Non-independence of Judicial Work9.1.2 Judicial Corruption9.1.3 Crisis with Judicial Reputation9.2 Strategies for Judicial Work Tackling “Three Agriculture-related Problems” 9.2.1 To Strengthen and Stablize Judicial Staff in Rural Area9.2.2 To Speed up Judicial Reform in Rural Area9.2.3 To Strive for Judicial Independence9.2.4 To Promote the Regulated Legal Service Market in Rural AreaChapter 10 Solving “Three Agriculture-related Problems” by Rule of Law and Legal Consciousness of Relative Subjects 10.1Weak Legal Consciousness of Farmers, Including Rural Cadres10.1.1 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 Laws10.2 Measures for Increasing the Legal Consciousness of Farmers including Cadres10.2.1 To Strengthen the Popularization of Law to Englighten the Legal Consciousness of Farmers10.2.2 To Carry out Administration Work According to Law and Safeguard the Authority of Law10.2.3 To Practice Self-governance of Villagers and Awake the Right Consciousness of Farmers 10.3 Orientation of Farmers and Cardres in Terms of Legal Consciousness10.3.1 Consciousness of Cadres in Rural Area 10.3.2 Consciousness of Rural Judicial Organs as Neutral Referee10.3.3 Right Consciousness of FarmersChapter 11 Solving “Three Agriculture-related Problems” by Rule of Law and Constitutionality in Rural Area 11.1 The Emergence of Constitutionality in Rural Area11.1.1 The Dual Household System Between Urban and Rural Area11.1.2 Rural Area-A Neglected Area by Constitutionalism and Rule of Law11.2 Survey of Rural Constitutionalism 11.2.1 Connotation of Rural Constitutionalism11.2.2 Significance of Rural Constitutionalism11.3 Possibility and Problems with Rural Constitutionalism11.3.1 Possibility of Rural Constitutionalism11.3.2 Problems with Rural Constitutionalism11.4 Realization of Rural Constitutionalism 11.4.1 Problems with Land Ownership in Rural Area 11.4.2 Self-governance of Villagers11.4.3 Problems with Reform of Township System11.4.4 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 Committee12.1.1 Concept and Nature of Election System of Villagers Committee12.1.2 Features of Election System of Villagers Committee 12.1.3 Democratic Tradition in Rural Area and Election System of Villagers Committee12.1.4 Significance of Election System of Villagers Committee12.2 Problems with Election System of Villagers Committee and Impacting Factors 12.2.1 Qualification of Villager Voters12.2.2 Qualification of Candidates to Villagers’Committee Members12.2.3 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 Committee12.3.1 To Strengthen the Construction of Election System of Villagers Committee 12.3.2 To Strengthen the External Construction of Election System of Villagers CommitteeChapter 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 Area13.1.1 Problems with Collective Land Ownership in Rural Area13.1.2 Problems with Land Contracting Operation Right in Rural Area13.2 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 Land13.2.3 Problem with Circulation System of Agriculture Land13.2.4 Completion of of Circulation System of Agriculture Land13.3 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 System14.1.2 Basic Theory of Rural Cooperative Legal System14.2 International Trend of Rural Cooperative Legal System14.2.1 International Legislation of Rural Cooperative System14.2.2 New Trends of Rural Cooperative System14.3 Theoretical and Practical Basis of Rural Cooperative System in China14.3.1 Theoretical Basis of Rural Cooperative Legal System in China14.3.2 Practical Basis of Rural Cooperative System in China14.4 Necessity and Feasiblity of Rural Cooperative Legal System in China14.4.1 Necessity of Rural Cooperative Legal System in China14.4.2 Feasiblity of Rural Cooperative Legal System in China14.5 Legislation of Rural Cooperative System in China14.5.1 Legislation of Rural Cooperative System Before Founding of New China14.5.2 Legislation of Rural Cooperative System at Beginning of New China14.5.3 Legislation of Rural Cooperative System in China at Present Stage14.6 Setting up a Cooperative System Fitting for Rural Areas in China14.6.1 Major Problems in Setting up of Rural Cooperative Legal System in China14.6.2 Major Problems to be Solved in Setting up of Rural Cooperative Legal System in ChinaChapter 15 Solving “Three Agriculture-related Problems” by Rule of Law and Imporvement of Agricultural Industrialization System 15.1 Overiew of Agricultural Industrialization15.1.1 Background of Agricultural Industrialization15.1.2 Clarification of the Concept of Agricultural Industrialization15.1.3 Essential Features of Agricultural Industrialization15.2 Regulation of Government Activities in Agricultural Industrialization15.2.1 Necessity of Governmental Macro-control in Agricultural Industrialization15.2.2 Obviation and Rectification of Government Activities 15.3 Legal Issues of Various Subjects in Agricultural Industrialization15.3.1 Qualification of Legal Subjects of Farmer Household in Agricultural Industrialization 15.3.2 Agriculture Economic Cooperative15.3.3 Legal Personality of the Subjects in Agricultural Industrialization 15.4 Legal Issues of Operational Activities in Agricultural Industrialization15.4.1 Legal Issues Concerning Contract in Agricultural Industrialization15.4.2 Discussion over the Manor Model as a Close Relationship ModelChapter 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 Area16.1.1 Basic Contents of Social Security16.1.2 Emergence and Development of Social Security16.1.3 Background of Social Security in Rural Area16.1.4 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 Land16.2.2 Malfunction of Government and Market16.2.3 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 Area16.3.1 Construction of Minimum Living Security System for Rural Residents 16.3.2 Design of Minimum Living Security System for Rural ResidentsChapter 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 Workers17.1.1 Problems with Politic Rights 17.1.2 Problems with Labor Rights and Interests17.1.3 Problems with Cultural and Educational Rights17.1.4 Problems with Basic Living Standard 17.2 Causes of Problems with Migrant Workers17.2.1 Incoordinate Relationship Between Urban Area and Rural Area17.2.2 Incoordinate Relationship Between Employers and Employees17.2.3 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 Workers17.3.2 The Principles to Follow for Protection of Rights and Interests of Migrant Workers17.3.3 Specific System for Protection of Rights and Interests of Migrant Workers Chapter 18 Summary, Prospect and Acknowledgement 18.1 Summary of the Book18.2 Prospect of the Study18.3 Acknowledgement