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The National Law Association issued a lawyer on the service of "three rural" guidance

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[Abstract]:
Provinces,autonomousregionsandmunicipalitieslawyersAssociation: TheThirdPlenarySessionofthe17thCPCCentralCommitteemadetheDecisiononSeveralMajorIssuesConcerningthePromotionofRuralReformandDevelopment,a
Provinces, autonomous regions and municipalities lawyers Association:
 
The Third Plenary Session of the 17th CPC Central Committee made the Decision on Several Major Issues Concerning the Promotion of Rural Reform and Development, and put forward the action plan for promoting rural reform and development under the new situation. Rural development reform and system innovation is the process of marketization and legalization of rural economic development. Lawyers are an important force in rural legal system construction and legal service. In the construction of new socialist countryside, lawyers should actively and contribute.
 
To this end, the National Lawyers called on the broad masses of lawyers, thoroughly implement the scientific concept of development, adhere to more to take less, serve the "three rural" approach, in a variety of ways to participate in the service "three rural" work; advocate the honorary title of the national excellent Law firms and lawyers, in the "three rural" work, play a geographical advantage, and constantly open up business areas, and strive to play a leading role in the "three rural" To explore the establishment of lawyers to serve the "three rural" effective mechanism for the healthy development of rural economy and rural social harmony and stability, in order to achieve and safeguard the legitimate rights and interests of farmers play a positive role.
 
Now on the current lawyers to serve the "three rural" work put forward the following views:
 
First, the current lawyer services "three rural" should be particularly concerned about the legal issues
 
(A) the legal aspects of rural basic management system
 
Rural land contract management, forest land contract management, land contract management rights transfer, etc., is the basic form of rural economic activities, involving complex legal issues, disputes a lot of disputes at all levels of government and the majority of farmers focus.
 
1, land contract management in the legal issues
 
Land is the main means of farmers to make a living, but also farmers to invest, the accumulation of wealth and intergenerational transfer of wealth the main way. In order to stabilize the relationship of rural land contract, improve the right to land contract management, protect the cultivated land, the relevant state departments are stepping up the formulation, revision and improvement of relevant laws and regulations and policies, the implementation of the most stringent arable land protection system, giving farmers more adequate and secure land contract Franchise. Such as: collective land ownership right to register the work of the certification, the ownership will be implemented to the legal exercise of the ownership of the collective organization; land contract management right registration pilot, the contract area, space and ownership certificate implemented to farmers; Contract management system to prevent and correct the opportunity to adjust the land contracting relationship, the illegal recovery of farmers contracted land of various acts.
 
2, the land contract management rights in the legal issues
 
After the Third Plenary Session of the 17th CPC Central Committee, all localities have stepped up their efforts to establish a sound market of rural land contract management rights and put forward strict policy requirements for the circulation of land contractual management rights, that is, they must not change the nature of land collectively, Not to damage the farmers land contract rights and interests, adhere to the principle of voluntary compensation in accordance with the law, respect for the status of farmers land transfer, any organization and individuals can not be forced or disguised coercion, can not prevent the flow of autonomy. These are related to the right of farmers to land contractual management of property rights, the need for lawyers in practice, accurate grasp, the use of policy and related laws and regulations.
 
3, the collective forest rights system reform in the legal issues
 
The state has decided to use five years or so basically completed the clear property rights, contracted households to the collective forest rights system reform, and as soon as possible to establish a sound property rights trading platform to speed up the forest, forest circulation system construction, improve the forest logging management system.
 
(2) legal issues in financial credit
 
Over the next few years, with the continuous progress of the financial system reform, a variety of new rural financial organizations and rural areas to serve the regional small and medium-sized commercial banks will continue to appear, financial institutions to innovate rural financial products and financial derivative services, The number of township enterprises and farmers can enjoy the financial and credit services; the state encourages mortgage loans such as the ownership of large-scale agricultural production equipment, forest right and the four wasteland, which are legally clear and risky, and encourages accounts receivable, Warehouse receipts, convertible equity, patent rights, trademark rights and other rights pledged loans; rural consumer credit market will gradually expand. These will involve legal issues such as credit investigation, borrowing, guarantees, contract drafting and review.
 
(3) legal issues in the establishment and operation of farmer cooperative organizations
 
According to the spirit of the Third Plenary Session of the Seventeenth Party, the family business should strive to improve the level of intensification, unify the development of joint and cooperative cooperation of farmers, and encourage the development of various forms of rural economic organizations. Lawyers should actively explore the establishment of farmers' cooperative organizations to establish and regulate the operation to provide full legal services; local conditions, the farmers professional cooperatives to develop farmers to participate in domestic and international market competition in the modern agricultural economic organizations; focus on potential farmers, professional and leading enterprises , To provide legal services for its production and operation, investment, land transfer, intellectual property protection, agricultural science and technology applications to help farmers explore the establishment of owners, partnership, the company made a new farm, according to the law to improve the governance structure of various farms.
 
(4) agricultural insurance legal issues
 
The state attaches great importance to agricultural insurance, is expanding the scope of policy agricultural insurance pilot, increase the insurance, such as the gradual establishment of agricultural reinsurance system and financial support of the catastrophe risk dispersion mechanism; encourage the development of rural cooperative insurance and commercial insurance business; explore the establishment of rural credit And the combination of agricultural insurance bank insurance interaction mechanism and so on. These new developments in rural insurance will bring a new set of legal issues.
 
(5) Legal issues of agricultural intellectual property protection
 
Countries in recent years continue to increase investment in agricultural science and technology, the establishment of agricultural science and technology innovation fund, focusing on supporting key areas of scientific research. With the development of rural areas and the development of agricultural science and technology, agricultural intellectual property protection is also increasingly important. Mainly in: the important products, patents, the protection of core technologies, farmers, agricultural economic organizations, product and service trademark protection and the protection of rural material, intangible heritage and so on.
 
(6) agricultural labor relations legal issues
 
Migrant workers employment, wages, welfare protection is related to the protection of migrant workers rights and interests of the important issues. Under the influence of the international financial crisis, the CPC Central Committee and the State Council asked all levels of government to attach great importance to this issue, take effective measures to maximize the placement of migrant workers, efforts to increase farmers' income. At present, the employment difficulties of migrant workers, lack of labor security and income decline is very prominent, the employment of migrant workers in the labor legal issues will be more prominent.
 
(Seven) urbanization, urban and rural integration in the legal issues
 
In the process of rural urbanization, urban and rural social and economic integration, a large amount of construction land is needed. Under the premise of ensuring 18 million mu of red line, with the narrowing of the scope of agricultural land expropriation, there will inevitably be the transformation of the village, homestead replacement, Centralized area construction, collective construction land circulation and so on. Lawyers at all levels of government to develop relevant policies and regulations, and actively put forward legal advice to promote government decision-making according to law. It is also necessary to follow up the policy guidance and legal service on the problems of rural environmental pollution control, ecological agriculture construction, resettlement relocation and resettlement, collective asset disposal, and resolving rural government debt.
 
(8) Legal issues of rural arbitration institutions
 
"Rural land contract management dispute arbitration law" will soon be introduced, all localities will continue to establish rural land dispute arbitration institutions. According to the survey, farmers in some places have higher recognition of arbitration disputes. Lawyers in the rural land contract management dispute arbitration, can be employed as an arbitrator, but also by the parties involved in the arbitration of the parties involved in arbitration, lawyers should regulate the rural land contract management dispute arbitration activities play a role.
 
(9) rural homestead, housing circulation legal issues
 
China's rural housing is different from the city's commercial housing, rural housing turnover is subject to many restrictions, mainly in the house attached to the restrictions on the homestead and the identity of the assignee. As the existing laws and regulations are not clear enough, resulting in rural housing in the sale, inheritance, mortgage process, the numerous disputes, the situation is complex, easily lead to disputes.
 
(10) the subject qualification of the villagers and the legal problems in the social security of the peasants
 
Villagers 'qualification is the basis of villagers' rights and obligations. It is the prerequisite for villagers to obtain a series of rights such as homestead, land contract right and land acquisition compensation fee. The existing laws and regulations have not yet unified standards for the certification of villagers, resulting in rural "foreign married women" to obtain the original village land acquisition compensation disputes such as endless.
 
With the further development of China's economy, the gap between rural areas and cities will gradually narrow, farmers' social security level will gradually increase, the scope of further expansion. Farmers and migrant workers in the social security of the legal issues are also worthy of attention.
 
Second, lawyers serve the "three rural" form and way
 
(A) for the grassroots government to do a legal adviser
 
Lawyers should actively establish a service relationship with the grass-roots government, as a government legal adviser, to participate in government petition activities and maintenance work, to carry out legal publicity and interpretation of legal advice on legal advice; lawyers should actively concerned about rural reform and development of new problems, New situations, study the changes and adjustments of various legal relations, reflect the demands of the broad masses of peasants to the government, make timely suggestions and opinions for the administration of the government according to law, and avoid the decision-making mistakes of the government on the fundamental interests of the masses.
 
(B) for the rural financial institutions, economic organizations to provide legal services
 
Lawyers should pay attention to the practice of reform and innovation in rural areas, pay attention to the new rural economic organizations, economic shape (model), social management and service mode generation and development, looking for business approach and timing. Rural economic organizations that have been or are growing include township enterprises, rural financial services institutions, policy agriculture investment companies, agricultural industry development fund organizations, farmer professional cooperatives, farmers' professional and technical associations. The reform and development of rural areas have made the links between different economic organizations in rural areas increasingly close, and the legal problems have become complicated. Lawyers shall actively provide legal services to various economic organizations in rural areas through legal advisers, legal advice, mediation, arbitration and litigation in dispute. Lawyers can also cooperate with the land contract management rights transfer service organization, for the transfer of both sides to provide regulatory advice, contract production and signing, dispute mediation and other services.
 
(C) to resolve contradictions and disputes, and promote rural social harmony and stability
 
Lawyers shall handle litigation, non-litigation legal affairs, participate in administrative mediation, judicial mediation, or preside over civil mediation activities in accordance with the law.
 
China's rural areas in the rapid economic and social changes, all kinds of contradictions and disputes will become increasingly apparent in the future will be more manifestations of rural land acquisition, environmental pollution, resettlement, land contracting, collective asset disposal and so easy to intensify the contradictions of the group disputes The Lawyers should start from the prevention and resolution of disputes, in a timely manner to the government to reflect the demands of farmers, with government agencies involved in rural mass incidents, in order to avoid and solve the mass incidents play a role in promoting social harmony.
 
(4) lawyers should become a rural law education and legal publicity of the new force
 
Farmers' demand for legal knowledge is realistic and urgent. Lawyers should play an important role in legal propaganda and legal education. Lawyers should carry out rural propaganda and legal education activities in a variety of ways, such as sending law to the countryside, setting up lawyers and rural legal system auditorium, etc., to enhance the legal awareness of farmers, for the rural economy and social development to create a good legal atmosphere. At present, the entry point of rural legal education and legal propaganda is: the recognition and circulation of land contractual management right; agricultural production loan; agricultural technology development and intellectual property protection; the purchase and sale of agricultural products, production materials and the new rural construction Environmental issues.
 
(5) to carry out legal aid and safeguard the legitimate rights and interests of farmers
 
Disputes over the interests of the peasant masses, such as social security in the rural areas and the social security of the subsistence allowances, disability relief, disaster relief disputes, maintenance, dependency family disputes, traffic accidents such as traffic accidents and medical accidents, and environmental pollution Cases, lawyers should cooperate with legal aid agencies, from the promotion of fairness and justice, to promote social harmony, and actively participate in legal aid activities, conscientiously fulfill the legal aid obligations, according to the law to protect the legitimate rights and interests of farmers.
 
Third, strengthen the lawyer service "three rural" ability construction
 
(1) lawyers should seriously study and implement the party and the state on the "three rural" work a series of policies, concerned about the "three rural" related system development process, research and forecast rural economic and social development in a large number of legal services, such as rural Investment in rural areas, the establishment of rural social security system, and actively open up the field of rural legal services, such as land acquisition, investment and financing, land adjacency, rural intellectual property protection, land acquisition compensation and resettlement, homestead use, infrastructure construction.
 
(2) lawyers should strengthen their studies, master the laws and regulations on rural development and construction, strengthen the study on the legal issues of "agriculture, rural areas and farmers", and improve the ability and level of rural legal services. At present, the new rural financial organizations, rural consumer credit, agriculture-related loans to tax relief and cost subsidies, policy finance for agricultural medium and long-term credit support, farmer cooperatives credit cooperation pilot and rural ecological protection and other new things, Lawyers should focus on and research areas.
 
(3) lawyers should enhance the sense of responsibility, the service "three rural" as the focus of their work, flapped the body to the countryside, to the peasant masses, familiar with the village, the people, the use of legal knowledge to provide quality and efficient legal services. We must adhere to the unity of legal effect and social effect, correctly grasp and deal with the use of legal means to solve the problem of legal rights and interests and maintain social harmony and stability, adhere to the overall situation, from the implementation of the party's principles and national laws, from the maintenance of the broad masses of people Interests, through the fruitful work, the lawyers to do socialism with Chinese characteristics legal workers, economic and social development of good and fast service providers, the legitimate rights and interests of the parties, social justice and justice protection, social harmony and stability of the "five "Requirements fall to reality.
 
(4) Lawyers' associations at all levels should consult lawyers as "three rural" as an important work, propose lawyers to serve the work plan of "three rural", mobilize and organize lawyers to participate in the service of "three rural" activities. Should be based on the county law firm, to mobilize and play the county lawyers enthusiasm and geographical advantages, to strengthen the work of integration; advocate large and medium-sized city law firm and the county law firm to carry out "a bunch of" professional mutual assistance, or take a law firm And the township law firm and the township legal service "twin" and other ways to increase the county lawyers and grassroots legal workers to serve the "three rural" business training and guidance; to rely on the support of the judiciary, and government-related Strengthen the lawyer service "three rural" work propaganda, for the lawyers to serve the "three rural" to create a good external conditions; to actively organize lawyers to carry out "to send the law to the countryside," the Ministry of Agriculture, "To send the law into the farm" activities; to strengthen the "three rural" legal issues, and constantly improve the lawyer services "three rural" business standards, build a familiar with the "three rural" problem, proficient in agriculture law high level of specialized personnel Team.
 
China National Bar Association
 
April 17, 2009