| Land system in the constitution of a country among all the systems occupy avery important position, it is part of a country’s economic base, the economic base determines the superstructure, so from the standpoint of contact, Land system also has an significant influence on superstructure.We may hold that the contents and components of the land system is the basis of other system designation, it must contain certain values and several considerations. In the developing process of national economy, agriculture often constitute the basis of other industries, and agricultural development is inseparable from the land, especially farmland, so the system constitutes the core of the land system.To study the main content of land system, especially the use of the farmland system, protecting farmland in legal system, comparative studying of farmland use system in China and Korea, analyzing the main content and similarities and differences between the two country’s land system, and then strengthening the reference between them. All above have an significant values for the use and protection of the two countries’ farmland.From the land area and topographical features, Korea is inappropriate to develop agriculture.However, this encourage Korean government pay great attention to the protection of land resources, to improve the management and control of arable land resources through varies ways(including economic, legal, administrative and other means) and to improve utilization efficiency of arable land resources. For example,in order to solve the problem of insufficient food,which is resulted from the population explosion after the liberation and to prevent farmers’ land struggle, the South Korean government in June1949adopted the "agrarian reform law" to reallocate the arable land.After1960s, with the rapid development of South Korea’s industrialization and urbanization, land resources tend to be applied to industrial land and urban development land,urbanization has also led to the development and use of the surrounding land and there appears speculation. Therefore, the South Korean government in that period has increased the intensity of lawmaking, such as the "act of land requisition","urban planning law,""construction Law","territorial planning law","local industrial Development Act "," urban population prevention measures ","1967-1976Great Homeland construction planning "," land system of poor and supplementing class taxation "and other existing laws. In Korea, these mainly involve " the agricultural land law"and its amendment in2001,2003and from2006to2012.the amendment in2012mainly including a three-year term of the lease farmland,revise the confirmation and applicant’s designated agent farming system in lease period, and revised mandatory provision in laws and other mandatory protection provisions of additional land lease and all the elements of ease restrictions arable agriculture clubs corporation, agriculture promotion area of cultivated land acquisition requests and so on.Basic agricultural land law and other relevant specific configuration,which constitute Korean current farmland legal system,consist of the body of the current law in South Korean. Basic agricultural land law which includes the "agrarian reform law" established in1949,"career management on arable land reform special measures law" established in1968,"on the farmland preservation and use of the law"enacted in1972,"arable land lease loan borrowed management Law"enacted in1986,"fertility promotion Law"enacted in1969and the promotion area of arable farmland to switch to the declaration, the fees of diversion of arable land, farmland cap exceptions identified all other relevant laws and regulations; and the special measures law mainly refers to the "rural Development Special Measures Law’Tormulated in1990.As a traditional agricultural country, Chinese farmland system plays a decisive role in the development of national economy,and even in the stability of politics, investigating the historical development of new China’s farmland system, we can find there is a relatively clear clue of changes, such as the land reform movement at the beginning of the new country,the stage of agricultural cooperation in the early fifties,the stage of the people’s communes in the late seventy’s to the late seventy’s,and the household contract responsibility system which has a significant effect by now,and so on.All of these reflect the distinct stage, flexibility and coherence. Especially in today’s China, government is do its best to emphasize the basic position of agriculture, put forward to the"three agricultural problems"timely, and mentioned repeatedly in the central committee documents. The basic contents of the current system of cultivated land protection law mainly includes the land management law, real estate management law, land use planning, cultivated land protection law, land reclamation law, eminent domain and land taking law, building-land management law, land tax law, land supervision law, and so on.The specific institutional arrangements includes land use control system, farmland transmittion approval system,land development and arrangement system, reclamation system, basic farmland protection system, land expropriation and compensation system. In addition,there also includes a variety of cultivated land tax system,such as cultivated land occupancy tax etc.The difference of the farmland system provides a possible reference for China and South Korea in the land use.The reference of the system of Chinese cultivated land use for South Korea, the author thinks that it should includes:(1) Strengthening national intervention under private ownership of land;(2) Protecting the rent interest of land’s lessee;(3)Using the land tax system of China for reference;(4) Absorbing the reasonable factors of Chinese land nationalized,and so on. China can learn from Korean land use system from the following aspects:the introduction of definition of farmland property right system, licensing system for the use of arable land, the land tenure system, Korean completed legal system of land-use management, strict law enforcement, refining the reason of levy and the content of the compensation for relief, such as the Korea Land expropriation Compensation dispute settlement mechanism.In the land acquisition compensation disputes, the imposed and incumbent main body’s main dispute always focus on the amount of compensation. South Korea provided administrative and judicial relief to solve this type of dispute. China and South Korea only in-depth comparative analysis of arable land, and combined with national conditions, can they be able to better learn from each other, and for its use. |
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