论我国农业法学若干基础理论问题

我国法学界对农业法基础理论中的一些最基本问题如"农业法"的命名、定义、调整对象、法律地位等的认识一直很模糊,这种状况应当引起法学界的高度重视。目前"农业法"命名之乱象不利于我国农业法的完善和发展,从命名的科学性、准确性、习惯性考虑应当将其统一命名为"农业法";广义农业法是指调整在国家干预农业和农村经济社会生产和再生产过程中产生的人与人、人与自然之间的特定经济社会关系的法律规范的总称;我国农业法已具有有别于民商法、经济法的特定的调整对象;我国农业法不是产业法,它必定也应当从经济法中独立出来而成为一个新的法律部门。

On Some Basic Theoretical Issues of the Agricultural Laws of Our Country

The understanding of some basis issues such as designation,definition,adjusting objects,and legal status in basic theories of agricultural law in the circle of law of our country is vague.Therefore,the law circle should attach great importance to this problem.Today’s negative situation of the designation of "Agricultural Law" does harm to the improvement and development of China’s agricultural law.Considering the scientific nature,accuracy,and people’s habits,those laws should be uniformly named as "Agricultural Laws".The generalized agricultural laws refer to general legal terms formed when the government intervenes into agriculture as well as the production and reproduction of agriculture and rural economic society.They are formed to adjust the specific economic and social relationships between people and people or people and nature.The Agricultural Law in our country has already got its own adjusting objects which are different from those of Civil and Commercial Law as well as Economic Law.Our Agricultural Law is not Industrial Law.It will definitely become independent from Economic Law,thus turning into a new law department.