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

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 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