| On November 12th in 2013,the third conference of the 18th session of the party passed through "the decision of the CPC Central Committee on deepening reform of certain major issue."About construction of ecological civilization, the decision pointed out that "We must establish a complete ecological civilization system to protect the ecological environment.First of all,we should perfect the natural resources property rights system and use control system". Besides, the article 51 of the decision says that "We should designate the boundary of production, living and ecological space to implement natural resources use control.We should improve the natural resources oversight system and perform the responsibilities of land use control."And in our country,land use regulation is the only natural resources use control system at present.In addition, the land use regulation is also the precondition of land reform carrying on smoothly.For example,the article 11 of the decision points out that"If one want to transfer, lease, invest the rural construction land for commercial purposes,he must conform to the planning and use regulation, and the rural construction land has equal rights with state-owned land in the market and price."Visibly, in our country,the land use regulation is not only the important system guarantee of the construction of the ecological civilization,but also is the premise of land reform carrying on smoothly.What’s more,rural land use regulation is the core of our country land use control.Because the rural land use regulation is an important way to keep the red line of 1.8 billion mu arable land, and is an inevitable choice to safeguard our country’s food security.Finally it is an important system guarantee to protect the rights and interests of farmers.However,rural land use regulation in our country is facing multiple difficulties.for example,the local governments pay more attention to the quantity than the quality on regulative goals;care more about short-term local interests than the long-term overall interests; would rather to do according to superior’s will than the laws and land use planning;prefer to use the order-and-control regulation rather than to use the methods based on market incentives on regulative means.So,this article firstly analyzes the fundamental legal theory and internal system construction,and then refers to the experiences of other countries and regions to improve our system.In addition,it explores the cause of the difficulties and finally provides some measures to solve the difficulties.In the view of legal theory,the rural land use regulation has the legitimacy foundation because it conforms to constitutional principle, legal rules and rationality. Besides,rural land use regulation has its great significance in rural land management.In the view of system structure,our country rural land use regulation should be in order, efficiency, fairness and security for the value orientation.The direct target should be to limit agricultural land conveying into construction land strictly and the ultimate goal should be to protect arable land and to safeguard the red line of 1.8 billion mu of arable land.Under the guidance of value orientation and goal setting,our country enacted numerous laws, administrative regulations and departmental rules, etc as legal basis and also formulated the general land use planning system, urban and rural planning and annual plans as planning basis.In addition, our country land use regulations measures are quite strict.From the regulation rules point of view, we not only strictly limited agricultural land conveying into non-agricultural land, but also limited the cultivated land conveying into other agricultural purposes.From the form point of view, legal norms are mainly prohibitive norms and compulsory norms.From the application point of view,we set strict application procedures.Look from responsibility,the administrative responsibilities play a main pole,civil liability and criminal liability play the auxiliary pole,such as to dismantle in a deadline,to correct within a time limit,to confiscate,to fine and so on.However, on the contrary with the strict regulations,the regulative result is barely satisfactory.For example,the quantity of the construction land rises year by year,whereas the the quantity of cultivated land declines year by year.The ways to solve land use regulation is to balance the goals of land use regulation and unify quantity and quality of arable land protection; establish sustainable financial growth mechanism and normalize power of land use regulation;perfect the laws and planning of land use and strengthen their roles in the land use regulation;reform the land use regulative model and play the incentive function of market mechanism in land use regulation. |
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