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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。
Our country’s jurisprudence has always been very vague about the most basic problems in the basic theory of agricultural law, such as the naming, definition, object of adjustment and legal status of the “Agricultural Law”, which should attract the attention of the jurisprudence circle. At present, the chaos of naming of “agricultural law” is not conducive to the perfection and development of the agricultural law in our country. From the scientific, accurate and habitual naming considerations, its unification should be named as “agricultural law.” The generalized agricultural law is Refers to the general term for regulating the legal norms governing the specific economic and social relations between people and nature and between man and nature produced by the state in intervening agriculture and rural economic and social production and reproduction. Our country’s agricultural law has its own characteristics that are different from civil and commercial law and economic law Of the specific object of adjustment; China’s agricultural law is not an industrial law, it must also be independent from the economic law and become a new legal department.