New book recommended "Right Structure and Legal Realization of Farmers' Financial Development Right"
Gao Zhan, President of Grameen China, Secretary-General of Yunus Foundation (Hong Kong)
Muhammad Yunus at the World Business Forum 2008. (George Levy)
The founder of Grameen Bank, economist Muhammad Yunus, argues that credit is a human right. Finance is the core of modern economy, so the right to participate in financial activities is a development right and the basis for the disadvantaged groups to realize other economic rights. Zhang Xia, a teacher at the Law School of Guangxi Normal University, has been engaged in rural finance research for a long time. After the publication by Intellectual Property Publishing House of the book Right Structure and Legal Realization of Farmers' Financial Development Right, the book had a good social impact and is of great reference significance for the development of rural inclusive finance. In view of the reality of the lack of rural financial resources and the difficulty of farmers in obtaining financial resources, the book proposes empowering, guaranteeing, motivating and relieving farmers from the perspective of economic law, and promotes the common prosperity of rural areas by providing legal guarantee for farmers' financial development right, which has strong theoretical innovation. The book writes that "farmers' financial development right is the embodiment of the right type of financial development right for the special subject of farmers. Modern agricultural production cannot be without the support of finance. Farmers can improve agricultural productivity and economic income through the leverage of financial resources and the guiding function of resource allocation to obtain their own comprehensive development. Development must be implemented as a right that everyone should and must claim through an institutionalized process."
Author: Zhang Xia, Juris Doctor, Lecturer of Law School of Guangxi Normal University, researcher of Guangxi Local Rule of Law and Local Governance Research Center.
The important function of modern rule of law is to protect the development right of social individuals, and the legal system provides a strong guarantee for human survival and sustainable development, and realizes the balance of individual rights and the sustainable development of society. The book analyzes the positioning, value and main functions of farmers' financial development right in the whole rural finance, rural economy and urban and rural economic structure from the context of farmers' financial development -- rural financial development -- rural economic development -- rural revitalization. This paper analyzes the impact of farmers as the main body of financial demand on the efficiency of rural financial resource allocation, the fundamental role of financial participants on rural financial markets, and the endogenous driving force of rural financial innovation as the main body of financial development, and comprehensively demonstrates the necessity and significance of constructing a legal system of farmers' financial development right. Through the guiding role of the Law on the Guarantee of Farmers' Financial Development Right, rural finance should be guided to overcome the disadvantages of exogenous compulsory institutional changes, balance the relationship between the law of rural financial market and state intervention, and cultivate a rural financial institutional environment featuring fair competition among market subjects, perfect market service system and proper regulation of financial risks through legal means. With the realization of farmers' financial development right to promote the improvement of agricultural productivity, rural economic development, rural social progress, and realize the strategy of rural revitalization. The research on farmers' financial development right has irreplaceable theoretical significance for in-depth exploration of the system integration, scientific innovation and collaborative promotion of China's rural financial legal system, and has important practical significance for promoting rural financial services to farmers, agriculture and rural "three rural" needs and the sustainable development of financial support for agriculture. "The Right Structure and Legal Realization of Farmers' Financial Development Right" is a good work in rural finance field, which has important theoretical and practical significance for promoting rural revitalization.
【Contents】
1.Introduction
1.1.The background and significance of the research
1.1.1. The research background of farmers' financial development right
1.1.2. The theoretical significance of the research on farmers' financial development right
1.1.3 The practical significance of the research on farmers' financial development right
1.2. The summarizes of the research of farmers' financial development right at home and abroad
1.2.1. Overview of foreign research
1.2.2. Review of domestic research
1.3. The research method of farmers' financial development right
1.3.1 Standardize analysis methods
1.3.2. Historical analysis method
1.3.3. Comparative analysis method
1.3.4. Empirical research methods
1.4. The research framework and main content of farmers' financial development right
1.4.1.The deepening of farmers' financial development right to development theory
1.4.2.The role of farmers' financial development right to solve the dilemma of rural financial development
1.4.3.The system construction model of farmers' financial development right
1.4.4.The legal realization path of farmers' financial development right
1.5. The research innovation of farmers' financial development right
1.5.I. Breakthroughs and innovations in research perspectives
1.5.2. Breakthroughs and innovations in research content
1.5.3. Breakthroughs and innovations in research methods
2.The basic theory of farmers' financial development right
2.1. The theoretical origin of farmers' financial development right
2.1.1.The theory of natural rights in natural law
2.1.2 The Marxist theory of "the comprehensive and free development of man"
2.1.3 Modern human rights theory
2.1.4 Modern financial development theory
2.2.The concept of farmers' financial development right
2.2.1. Main body of farmers' financial development right
2.2.2.The object of farmers' financial development right
2.2.3. The basic content of farmers' financial development right
2.3.The value system of farmers' financial development right
2.3.1.Farmers' financial development right is the breakthrough point to realize financial substantive equity
2.3.2.Farmers' right to financial development is the driving source of improving financial efficiency
2.3.3.Farmers' right to financial development is an important basis for ensuring financial security
3. The new concept of rural financial development based on farmers' financial development right
3.1. Strengthens farmers' development ability with farmers' financial development right
3.1.1.Farmers' right to financial development promotes the substantive equity of farmers' rights
3.1.2.Farmers' right to Financial development to improve farmers' ability to control financial resources
3.1.3.Farmers' right to Financial development To improve the environment for farmers to participate in financial activities
3.2. Optimizes the allocation efficiency of rural financial resources with farmers' financial development right
3.2.1. Farmers' financial development right to solve the contradiction between rural financial supply and demand structure
3.2.2.Farmers' financial development right to improve the capital value of rural land
3.2.3.Farmers' Right to Financial development Innovate the endogenous development model of rural finance
3.3. Promotes the all-round development of rural economy and society with farmers' financial development right
3.3.1. Farmers' right to financial development promotes agricultural transformation and upgrading
3.3.2. Farmers' right to financial development supports the rural revitalization strategy
3.3.3. Farmers' right to financial development to implement the sustainable development strategy
3.3.4.Farmers' right to financial development promotes the integrated development of urban and rural areas
4.Fhe analysis of the reasons why the rural financial legal system of our country does not guarantee farmers' rights
4.1.The historical context of China's rural financial legal system construction
4.1.1.The Start and Stagnation of Rural Finance in the Period of Planned Economy (1949-1977)
4.1.2.The Initial establishment period of the Rural Financial Legal System (1978-1995)
4.1.3.The Period of Integration and Exploration of Rural Financial Legal System (1996-2007)
4.1.4. Period of Gradual Development of Rural Financial Legal System (2008 to present)
4.2. The representation of the insufficient protection of farmers' rights by rural financial legal system in China
4.2.1. The protection mechanism of farmers' rights is not perfect
4.2.2.The lack of market service legal system for farmers to participate in financial activities
4.2.3.The rural financial supervision system fails to fully protect the rights and interests of farmers
4.3. The internal factors of insufficient protection of farmers' rights by rural financial legal system
4.3.1. The distortion of legislative ideas: the legislative view of "financial instrumentalism" under financial repression
4.3.2. The dislocation of legislative path: path dependence under mandatory institutional change
4.3.3. The dislocation of regulatory measures: focusing on responsive norms and ignoring basic legislation
5.The extraterritorial reference of rural financial legal system from the perspective of farmers' financial development right
5.1. The reference of rural financial legal system in developed countries to protect farmers' rights
5.1.1. Japan: Developing agriculture-supporting business based on farmers' financial needs
5.1.2. Germany: the national guarantee system promotes rural finance to play a supporting role in agriculture
5.1.3. The United States: The financial legal system incentivizes commercial financial services for vulnerable groups
5.2. The reference of rural financial legal system in developing countries to protect farmers' rights
5.2.1. India: The "microfinance institution" system meets the financial development needs of farmers
5.2.2.Bangladesh: The Grameen banking system promotes the financial development capacity of farmers
6. The structural system of farmers' financial development right
6.1. The constitutional deconstruction of farmers' financial development right
6.1.1. The integration of farmers' financial development right and people's rights
6.1.2.Farmers' financial development right is a specific type of equal development right
6.1.3. Farmers' right to financial development is the unity of citizens' basic rights and national obligations
6.2. The right system of farmers' financial development right
6.2.1.Farmers have the right to access financial resources
6.2.2. Farmers have the right to participate in financial activities
6.2.3. Farmers have the right to financial support
6.2.4. Farmers have the right to express their financial needs
6.3. The guarantee mechanism of farmers' financial development right
6.3.1. The guarantee mechanism of farmers' right to obtain financial resources
6.3.2.The guarantee mechanism of farmers' right to participate in financial activities
6.3.3. The guarantee mechanism of farmers' right to obtain financial support
6.3.4. The guarantee mechanism of farmers' right to express financial needs
7. The legal framework of farmers' financial development right
7.1.The legal formation path of farmers' financial development right
7.1.1. Transform farmers' right to financial development into real human rights by empowering them with the rule of law
7.1.2.To ensure the legal system to promote the substantive justice of rural social resource distribution
7.1.3.Promote the coordinated development of farmers and rural areas through the legal system
7.2. The legislative model of farmers' financial development right guarantee law
7.2.1. The protection of farmers' financial development right is legally located in the rural Financial Basic Law
7.2.2. The law on the protection of farmers' financial development right adopts the guarantee legal model
7.2.3.Improve the rural financial legal system based on the Guarantee Law of farmers' Financial development right
7.3.The framework construction of the guarantee law of farmers' financial development right
7.3.1. Basic principles of the Law on the Protection of farmers' Right to Financial Development
7.3.2. The incentive and promotion mechanism of farmers' financial development right
7.3.3.The specific guarantee mechanism of farmers' financial development right
8.The supporting system of farmers' financial development right
8.1.The support mechanism of the state finance to farmers' financial development right
8.1.1.The financial indirect incentive system correction of market failure
8.1.2. The operation constraint system of financial funds to support agriculture
8.1.3. Guide rural financial institutions to serve the financial needs of farmers
8.2. Improves the efficiency of rural financial institutions to support agriculture from the perspective of rural financial supply
8.2.1. Improve the efficiency of rural policy-based financial institutions to support agriculture
8.2.2. Protect the legitimate rights and interests of farmers in rural cooperative financial organizations
8.2.3. Promote the development of inclusive finance in rural commercial financial institutions
8.2.4. Standardize the rural endogenous financial development model
8.3.Improves the market service system of farmers' financial development right
8.3.1.Improve farmers' land rights mortgage guarantee system
8.3.2.Build an effective rural financial risk sharing mechanism
8.3.3. Strengthen the rural financial infrastructure construction system
8.4.Establishes the rural financial differentiation supervision system
8.4.1. Ensure the right of farmers to participate in rural financial supervision
8.4.2.Further improve the local financial supervision system
8.4.3.Improve the supervision system of new rural financial institutions
8.4.4.Implement differentiated regulatory indicators for rural financial institutions
Annex: Law of the People's Republic of China on the Protection of Farmers' Financial Development Right (Draft Legislative Proposal)
