Study On The Rule Of Law In The Protection Of Farmland In China

With the fast stepping of urbanization, the county economy has grown rapidlyand the living standard of the peasant has raised much. On the other side, it has stirred many contradiction and knotty problems. Under the current land rights structures and systems, the situation of rural land protecting is not satisfied, and thesupply the rural land meets the serious challenge. In China, it still has not the specific laws and institutions for rural land yet. The administrative managing of land is the vertical management, but dispute settlement of land has no independentagency to hear. The personal quality of administrative employee, the executing power executing rules during the administrative enforcement have strongly damage the rural land rights of peasants. In this article, the author analyzes the theoreticalsystem to rule the rural protection by law in the political, economic, legal, and culture view of rural land protection. According to the current situation of rural land use, the researcher analyzes the problems and its reasons, advices the suggestions to solve the problems of peasants' rights and benefits damaging by enforce the rural land protecting, guarantee the rights and benefits with legalizing view.The study on legalization of the rural land protection must be based on the political, economic, legal and cultural theory. In the political view, the peasantsstill occupied the important position during the CPC ruling, so to guarantee the rightsand benefits of peasants is the base to stable the ruling. In the economic way, the balance between rural land supply and demand can lead to effectively use of rural land, and the cost—benefit theory is the root to optimal the benefits of oblige. Fromthe angel of legal view, rural land protection should keep the quality and quantity of rural land firstly, then protect the rights and benefits of rural land oblige and balance the right and benefits among nation, community and the individuals. By the way,the rural land has not only the meaning of political, economy and jurisprudence, but also the meaning of religious and cultural elements. From the ancient land worship to modern land culture, the rural land is not only the necessarily for peasants to live on, but a kind of belief and cultural fertilization somehow.With the corresponding situation of rural land developing and using, theproblems in the field of legislation, judicatory and law executing are the barrier tolead the rural land protection by law. China is a developing agriculture country with rich nationalities. This situation has decided that the rural land is nor only related withthe peasants, but closely related with the national food safety, social guarantee and sustainable development. Also it has related with the national economic development and social stability. In recent years, the rural land protection has achieved muchprogress, but still has the knotty problems, such as protecting competently, misadministration and not strictly implement. The reasons lead to such situation, are the absence of specific law, the jurisdiction is not executing accurately, the improper executing and non—enough legal supervision. All of these are the directcause to block the efficient use of rural land, and threaten the rights and benefits ofpeasants.The idea and the successful experience of developed countries and Taiwan of China to protect the rural land can give the mainland of China much useful andvaluable reference. By studying the rural land protecting rules and concepts, it can be concluded in four points. Such as, to institute the zoning regulating system, to set up the land evaluating rules, perfect the legal system by legislation and build up the incentive policy to encourage the publics to join in. The successful point to protect the rural land in US is to guarantee the land owner and all the related land oblige. The representative rural land protecting measures in UK is to coordinate the rural land andurban land development by planning. In France, the government protects the ruralland by adapting the preemption, land circulation, FNSEA, and other land legislation. The concept to protect rural land in Japan is shown as land requisition system, and land consolidation. In Taiwan of China, the local government protects the rural land by law or other administrative order. To limit the rural land change into the nor—farm land and transferable use, limit the land division, and protect theagricultural producing environment.The legal construction of rural land protection in China needs to start withlegislation, administration and judicator way. To institute the specific law of ruralland protection, perfect the corresponding institutions, and amend the current law to build up the legal system of rural land protection. To enforce the administrating responsibilities, advance the professional quality of administrating employees,carry out the responsibility investigation, perfect the administrational surroundings and build up the long—term supervising system. To enforce the independence ofjudicature, avoid the administrative intervention, perfect the judicial disputesettlement system and try to construct the diversified dispute settlement methods.The case study of Qinghai Province gives the specific suggestions to rule therural land protection by law. In Qinghai Province, the macro—control policies of rural land have not played the effective role. The absence of rights guarantee, theadministration by law does not work well, the way of right relief is not available. Several points should be done to push the legal ruling proceed of rural land protection. Firstly, in the view of macro policy, to deepen the requisition system revolution, perfect the contracted management right of rural land system and rural land circulation institutions, and protect the rural land resources of minority areas.Secondly, release the macro—control policy according to the local current situation. Sustain the saving and intensive use land policy, pay attention to the effects of policy carrying, institute the particular land control policy for minority areas, and keep the sustainable use of rural land resources. Thirdly, perfect the rural land dispute settlement system. To perfect the dispute institutions of contracted management right, and perfect the judicature, administrating, arbitration and negotiation system toconstruct the diversified dispute settlement system. Finally, enforce the legal effect of rights and benefits guarantee. To perfect the rural land protecting legal system to relief the peasants rights, to push administration by law to guarantee the peasantsrights and benefits, and enforce to improve the administrative reconsideration.