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April 11, 2022   
Enhancing Construction of Agricultural Rule of Law

Agricultural Rule of Law,Value Chain Development for Smallholders


In 2015, the MoA deeply implemented the decisions and deployment by the CPC Central Committee and State Council, firmly focused on the goals and tasks of thriving agriculture and protecting agriculture in accordance with the law, and made active explorations and efforts in aspects including improving the legislation, standardizing law enforcement and resolving contradictions, and obtained remarkable achievements.

1. Enhanced agricultural legislation Implemented the spirit of the fourth plenary session of the 18th Central Committee of the CPC, deeply promoted agricultural rule of law construction, enacted and issued MoA's Opinion on Implementing the Spirit of Fourth Plenary Session of the 18th Central Committee of the CPC, focused on main fields and key links of agricultural rule of law construction, made comprehensive deployment for the next period from five aspects, i.e. actively promoting agricultural legislation, vigorously enhancing agricultural law enforcement, deeply carrying out publicity and education of agricultural rale of law, lawfully resolving contradictions and disputes in agricultural field, and practically improving agricultural departments' administration ability in accordance with the law.

Enhanced agricultural legislation investigation and research, and the draft work of laws and regulations, supported legislation organizations to steadily and orderly promote the revision of agricultural laws and regulations, enacted MoA Legislation Work Arrangement (2015-2020), put forward 22 concrete legislative programs from the aspects of MoA's drafting and promotion, and participating and cooperating, made comprehensive deployment of agricultural legislation work in the coming period, strove to realize by 2020, complete agricultural laws and regulations, further enhancement in order to be more timely, systematic, targeted, and effective, obvious improvement of legislation quality, and further demonstrated leading, normalizing and security role in agricultural and rural reform and development.

Promoted the enacting and revising of agricultural laws and regulations, focused on enhancing rule of law guarantee of agricultural development, and actively promoted the improvement of laws and regulations in important fields. Supported legal work committee of the Standing Committee of the National People's Congress to complete the revising work of Seed Law, and the new Seed Law was put into force from Jan. 1, 2016. Participated in the revision of Food Safety Law, and based on function division, put forward MoA's opinion on supervision of edible agro-products and usage of agricultural inputs. Joint the enacting of Grain Law, and raised MoA's opinion on supervision of grain production process. Promoted the revision of Pesticide Management Regulations, and participated in the coordination with Legislative Affairs Office and State Commission Office of Public Sectors Reform on the issue of function division of supervision in pesticide production process. Promoted the enacting of Prevention and Control Regulations of Crop Diseases and Pests, formed draft report, submitted to State Council for review, conducted in-depth research on suggestions collected by Legislative Affairs Office of the State Council, and reported to the office with the handling situation of relevant opinions. Launched legislative research, enacting and revising work for Agro-products Quality Safety Law, Farmers' Specialized Cooperatives Law, Fishery Industry Law, Agricultural Genetically Modified Organisms Safety Management Regulations, Arable Land Quality Protection Regulations, Livestock and Poultry Slaughtering Management Regulations, and Basic Grassland Protection Regulations.

Promoted the review and release of regulations and normative documents. Implemented relevant requirements of State Council on speeding up the reform of the registration system of registered capital, and made revisions on relevant terms of Crop Seed Production and Business Permit Management Method, Edible Mushroom Seed Management Method, Grass Seed Management Method, Genetically Modified Cotton Seed Production and Business Permit Regulations, among others. According to the requirement of new situation, it revised three regulations, i.e. Agricultural Mechanical Testing and Identification Method, Livestock Genetic Material Production Permit Method, and Veterinary Drugs Approval Number Management Method. Enacted Important Agricultural Cultural Heritages Management Method and released it as MoA announcement.

Pushed forward agricultural legislation coordination. Took the lead in coordinating " Farmland Irrigation and Water Conservancy Regulations" , and conducted communication with Legislative Affairs Office of the State Council on issues including water conservancy facility guarantee of state-owned farms, and dominant role of rural collective economic organizations. Led the coordination of Wetland Protection Regulations, and communicated with State Forestry Bureau with MoA's opinion. Regarding the issue of legal person partially involved in rural collective economic organizations, it attended a conference convened by National People's Congress and raised MoA's opinion. Dealt with 6 bills of agricultural commission of the National People's Congress, and 12 bills of Environmental and Resources Committee, which involved the enacting and revising of 18 laws including Grain Law and Agro-products Quality Safety Law. Put forward revising opinions on more than 110 laws and regulations drafts by State Council and National People's Congress. Deeply launched legislative research on issues such as arable land quality protection and genetically modified food, formed research reports, and made preparations for relevant legislation.

2. Further promoted agricultural comprehensive law enforcement In order to implement the requirements of the Fourth Plenary Session of the 18th Central Committee of the CPC on deepening administrative law enforcement system reform, and promoting comprehensive law enforcement, the MoA printed and issued MoA's Opinion on Implementing the Spirit of Fourth Plenary Session of the 18th Central Committee of the CPC and Further Promoting Agricultural Rule of Law Construction (agricultural policy released 2015 No. 1), which specified the requirement for each level of agricultural departments on integrating agricultural law enforcement functions, complete comprehensive law enforcement system, and further advance agricultural comprehensive law enforcement. According to the requirement of central government and deployment of MoA, local agricultural departments adopted measures to actively promote agricultural comprehensive law enforcement, and achieved notable progress. For example, Department of Agriculture in Guangdong Province submitted to Provincial Commission Office of Public Sectors Reform and released Plan of Guangdong Province Setting up Agricultural Comprehensive Law Enforcement System, established administrative agricultural comprehensive law enforcement organizations at provincial, prefectural and county level, serving as internal organizations of the MoA, and bearing all administrative law enforcement functions of agricultural departments and authorized law enforcement organizations; all law enforcement personnel used special positions of administrative law enforcement. Jiangxi provincial government forwarded the Implementation Plan on Deepening Provincial Agricultural Administrative System Reform by Provincial Commission Office of Public Sectors Reform and provincial agricultural department, required to integrate provincial, prefectural and county-level agricultural administrative law enforcement duties scattered in each organization and affiliated public institution of agricultural departments by end of 2016,and let agricultural comprehensive law enforcement organizations take full responsibility. As of end of 2015, some 30 provinces, 276 prefectures and cities, 2,332 counties and districts nationwide launched agricultural comprehensive law enforcement, covering 99 percent at county-level, and more than 80 percent at prefecture-level. According to statistics, each level of agricultural comprehensive law enforcement organizations nationwide investigated and dealt with 42,786 cases of various agricultural illegal actions, which powerfully safeguarded agricultural production and operation order and protected farmers' legitimate rights and interests.