Traditional Culture Encyclopedia - Traditional festivals - What are the legislative purposes and basic principles of the Agricultural Law?
What are the legislative purposes and basic principles of the Agricultural Law?
I. The legislative background and purpose of the Agricultural Law of the People's Republic of China Legislative background: In order to consolidate and strengthen the basic position of agriculture in the national economy, deepen rural reform, develop agricultural productivity, promote agricultural modernization, safeguard the lawful rights and interests of peasants and agricultural production and management organizations, increase the income of peasants, raise the quality of their scientific and cultural qualities, and promote the sustained, stable and healthy development of agriculture and the rural economy, and achieve the goal of building a well-off society in a comprehensive manner. To promote the sustained, stable and healthy development of agriculture and rural economy, and to achieve the goal of building a moderately prosperous society in all aspects. Legislative purpose: to establish a rural economic system adapted to the requirements of the development of a socialist market economy, to continuously emancipate and develop the rural productive forces, to improve the overall quality and efficiency of agriculture, to ensure the supply and quality of agricultural products, to meet the needs of the national economic development and population growth, and improvement of living conditions, to improve the income and standard of living of peasants, and to facilitate the transfer of surplus labor in the rural areas to the non-agricultural industries and towns, to narrow the gap between urban and rural areas and regional differences, and to promote the development of the rural economy in a sustainable manner. urban-rural and regional differences, build new socialist countryside that is affluent, democratic and civilized, and gradually modernize agriculture and the countryside. The Agricultural Law of the People's Republic of China was promulgated on July 2, 1993, and amended once (on December 28, 2002) and twice (on August 27, 2009 and December 28, 2012).*** The current Agricultural Law was promulgated on July 2, 2013, and amended once (on December 28, 2002) and twice (on August 27, 2009 and December 28, 2012), respectively. The current Agricultural Law, which came into force on January 1, 2013,*** consists of 13 chapters, divided into General Provisions, Agricultural Production and Management System, Agricultural Production, Circulation and Processing of Agricultural Products, Food Security, Agricultural Inputs and Support and Protection, Agricultural Science and Technology, Agricultural Education, Agricultural Resources and Agricultural Environmental Protection, Protection of Farmers' Rights and Interests, Rural Economic Development, Law Enforcement and Supervision, Legal Liability, and Supplementary Provisions, and contains 99 articles,***. 99 articles. Second, the Chinese People's **** and the State Agricultural Law content interpretation Mainly on the basic principles of the Agricultural Law and the interpretation of specific chapters. (a) The basic principles of the Agricultural Law 1. The principle of governing agriculture according to law. The principle of governing agriculture according to law means that activities involving agriculture, rural areas and the interests of farmers should be carried out in accordance with the provisions of the Constitution and the Basic Law of Agriculture, and all state organs and organizations, social groups and individuals shall not violate the law, that is, the law must be complied with, law enforcement must be strict, and violations of the law must be investigated. The principle of ruling agriculture according to law is the fundamental principle of agricultural law, is the embodiment of the rule of law and the basic requirements of the rule of law in the construction of socialist market economy, the realization of the basic objectives of the agricultural law and the solution of the "Three Rural Issues" is of vital significance. 2. The principle of protecting the interests of the "three peasants". Protection of "three rural" interests, referred to as "protection of agricultural interests" principle or "three rural protection" principle, refers to the agricultural legislation, law enforcement, supervision and justice in accordance with the Constitution and the requirements of the Basic Law of Agriculture, the effective protection of agriculture, agriculture and agriculture. It means that agricultural legislation, law enforcement, supervision and the administration of justice must, in accordance with the Constitution and the Basic Law on Agriculture, effectively protect the fundamental interests of agriculture, the countryside and the peasants, and give them appropriate policies and financial and other inclined support, reflecting the basic status of the agricultural economy, and responding to the reality of the weak social foundation of the countryside, and the vulnerable status of the peasants. The principle of supporting and protecting the interests of the "three peasants" embodies the fair value of agricultural law, is the fundamental value principle of agricultural law or the "principle of safeguarding rights", and is the inevitable requirement and result of the principle of "ruling the countryside according to law". Requirements and results. 3. The principle of coordinated development of agricultural economy, ecology and rural society. The principle of coordinated development of agricultural economy, ecology and rural society in parallel refers to the development of agricultural economy and agro-ecological maintenance and improvement of the combination of agricultural economic development and the construction of the countryside itself, agro-ecological maintenance and improvement of the combination of the construction of the rural society, and do not purely pursue the development of a particular aspect, so as to realize the coordinated and sustainable development of rural economy, ecology and society. 4. The principle of market-oriented and government regulation. The basic content of the principle is that, in agricultural legislation and agricultural administrative activities, should be based on the market economy's own laws to establish a legal system of agriculture, and in accordance with the laws of the market to authorize the government and its departments to guide, manage agriculture and rural construction. This principle is the principle of method or means of agricultural law. 5. The principle of promoting agriculture through science and education. The meaning of the principle of science and education in agriculture is that, relying on science and technology is based on the idea that science and technology is the first productive force and the policy of science and education, adhere to the education-based, agricultural science and technology and education in the priority development of the strategic importance of the position, enhance the country's agricultural scientific and technological strength and science and technology to the real productivity of the transformation of the ability to achieve sustainable development of agriculture and rural areas and "three rural" modernization services. Modernization of the "three rural areas". To this end, article 7 of the Agricultural Law establishes the principle of promoting agriculture through science and education. The principle of agricultural science and education belongs to the principle of means or method of agricultural law, the development and promotion of agricultural science and technology, strengthen agricultural education is still the fundamental purpose of the realization of sustainable development of agriculture and "three rural" modernization services. 6. Social support, **** with the principle of participation. Social support, *** with the principle of participation in the basic meaning of the present and the future of a long period of time the weak foundation of agriculture and rural social development lagging behind the situation, give full play to the government, society and individuals and foreign resources, *** with the support and participation in the modernization and construction of agriculture and rural areas. (B) "Agricultural Law" specific chapters read Chapter I General Provisions, including articles 1-9, clear "Agricultural Law" legislation and basic principles, established the basic position of agriculture in the national economy. The second chapter of the agricultural production and management system, including articles 10-14, the agricultural production and management system of the law, the establishment of the legal status of the farmers' professional cooperative economic organizations, and clarified the principles of the organization of the farmers' professional cooperative economic organizations, the mode of industrialization of agriculture and the role of industrialized management, the legal status of agricultural industry associations and responsibilities. Chapter III, Agricultural Production, includes Articles 15-25, which clearly stipulate the direction and focus of the structural adjustment of agriculture and rural economy, and the responsibilities of government departments in the structural adjustment of the agricultural economy. Chapter IV Circulation and Processing of Agricultural Products, including Articles 26-30, clearly defines the direction of the reform of the system of purchase and marketing of agricultural products; defines the basic features of the market system for agricultural products; provides for the establishment of a unified, open, competitive and orderly market system for agricultural products to regulate the order of the market circulation; dredges up the "green channel"; supports farmers' professional cooperative organizations and township enterprises engaged in the processing of agricultural products; and provides for the establishment of a unified, open, competitive and orderly market system for agricultural products. Organizations and township enterprises engaged in the processing of agricultural products. Chapter V, food security, including articles 31-36, clearly stipulates the measures of the state to ensure food security. Chapter VI Agricultural Inputs and Support and Protection, including Articles 37-47, specifies the direction of the use of funds invested in agriculture within the fiscal budget; encourages farmers and agricultural production and management organizations to increase agricultural inputs, encourages the investment of social capital in agriculture, and promotes the expansion of the use of foreign capital in agriculture; encourages and supports the development of various forms of pre-production, production, and post-production of agricultural production and socialization services; and improves the system of financial services in rural areas, and provides support to farmers and agricultural production organizations to carry out agricultural production. Farmers and agricultural production and management organizations to provide credit support for agricultural production and management activities; the establishment and improvement of agricultural insurance system; the establishment of agricultural protection mechanisms in line with WTO rules. Chapter VII Agricultural Science and Technology and Agricultural Education, including Articles 48-56, through legal provisions to support and encourage the development of agricultural science and technology and agricultural education, adhere to the policy of "science and education to promote agriculture", and promote sustainable development of agriculture. Chapter VIII Agricultural Resources and Agricultural Environmental Protection, including Articles 57-66, establishes the goal of protecting and improving the ecological environment; makes further provisions on the use and protection of land resources, and specifies the responsibilities and tasks of the people's governments at all levels; specifies the responsibilities of the people's governments at all levels in preventing and controlling soil erosion and land sanding; specifies the responsibilities of the people's governments at all levels in protecting forest land, grassland, waters and wildlife resources, and so on. wildlife resources; and established a system for the state to provide subsidies to farmers who have retired their farmland and fishermen who have changed their jobs. Chapter IX: Protection of the Rights and Interests of Farmers, comprising articles 67-78, contains legal provisions on the protection of the property and other legitimate rights and interests of farmers and agricultural production and management organizations. Chapter 10: Economic Development in Rural Areas, comprising Articles 79-86, mainly stipulates that the State adheres to the policy of coordinated development of urban and rural areas, supports the development of secondary and tertiary industries in rural areas, and adjusts the structure of the rural economy. Chapter XI Supervision of Law Enforcement, comprising Articles 87-89, "Supervision of Law Enforcement" refers to the supervision of law enforcement activities, the establishment of a sound system of law enforcement in agriculture, and the comprehensive promotion of agricultural administration in accordance with the law. Chapter XII Legal Liability, including Articles 90-97, stipulates the legal responsibility of the authorities or individuals in violation of the Agricultural Law. Chapter XIII Supplementary Provisions, including Articles 98-99, the provisions of this Law on farmers, applicable to state-owned farms, ranches, forests, fisheries and other enterprises and institutions to implement the contracted employees.
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