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Study On Compensation System Of Cultivated Land

Posted on:2018-11-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:J PuFull Text:PDF
GTID:1316330515490490Subject:Natural Resources and Environmental Law
Abstract/Summary:PDF Full Text Request
Although China has implemented the most stringent policy of cultivated land protection,including the dynamic balance system of total cultivated land,the land use control system,basic farmland protection system,permission system of the agricultural land,and Compensation System of Cultivated Land,urbanization based on the huge population base and the rapid development of industrialization,but planning land use indicators issued by higher level governments has been constantly broke through with a variety of excuses and ways to break the target.It has resulted in excessive reduction of cultivated land area,"double protections " pressure(protection of arable land and protection and development)is great."Comprehensive Survey of China’s Social Situation in 2011" by China Academy of Social Sciences indicates that the number of urban population of China in 2011 has exceeded 50% of the total population(China’s total population of about 1.347 billion in 2011),and will be more than 70% by 2050.This means that China’s urban population will grow about 270 million in the next 30 years according to the invariable population(in fact,China’s population will reach the peak population of 1.5 billion in 2033),no matter what kind of intensive land measures we take,China’s existing land in the town are absolutely unable to accommodate such a large population.what should we do? There is only one path: to the countryside.From area of the territory,although China is the world’s fourth largest land area,but it’s number of cultivated land is very limited,the total amount of cultivated land is seriously low,the per capita arable land area is seriously deficient,the shortage of cultivated land resources is seriously scarce,regional distribution is seriously uneven,and the quality of cultivated land is rapidly deteriorating.On the other hand,in China’s vast rural areas,farmers per capita occupation of construction land is as high as 218 square meters,higher than the national ceiling of 150 square meters of 45.3%,the total amount of land for construction of villages and towns is 4.6 times of the total amount of urban construction land.Major project group of China Academy of Social Sciences found through the investigation of typical villages that the village potential can been taped 46% to 54%,and completely increase cultivated land area of 13% to 15% through the village of abandoned land remediation.And another research data shows that China’s migrant workers will reach 253 million,it will resulte in the "hollow village" ratio of 30%.The above two aspects show that China’s land use policy must take "open source" and "throttling" if we want achieve food security strategy Continuously.On the one hand,we must strictly limit the urban land to achieve "throttling" by improving the urban land conservation and intensive use level.On the other hand,we not only develop and remedy the reserve resources of cultivated land,but also implement reclamation and renovation of the use of extensive collective construction land,to supplement the construction of occupied land and to achieve "open source." This is the only way to achieve the protection and compensation of cultivated land in China.The article is based on such a path and logic to start: Firstly,the article studies the necessity and legitimacy of the compensation system of cultivated land.Then it sort out the legislation of China’s occupation of arable land compensation system and the system content,examined its operation effect.After that,this paper makes an empirical study and analysis on the land ticket system(construction land index)of Chengdu and Chongqing.And then it inspects the experience of compensation for cultivated land outside the field,and finally settles to the consummation and innovation of the cultivated land compensation system.In addition to the introduction and conclusion,the text of the article consists of five chapters.The first chapter is the basis of the study of the legitimacy of the compensation system of cultivated land,divided into three sections.The first section is the status quo of land use in China,includeds three aspects.Firstly,the status of China’s arable land,reflecting the problems of cultivated land in China: the total amount of arable land is seriously low,the per capita arable land area of 1.47 mu less than the world per capita area of 1/3,arable land reserve resources are only 0.105 acres per capita,regional distribution is seriously uneven,and the quality of cultivated land is rapidly deteriorating.Secondly,China’s rural construction land layout is scattered,dispersed and disordered,used extensively and homestead is seriously idle,and etc.Thirdly,China’s urbanization occupation of arable land has brought serious challenges to the protection of cultivated land.The second section is to reveal the problems of the compensation system of cultivated land in China,mainly including: First,the area of cultivated land is rapidly decreasing with the process of urbanization.Second,the quality of arable land is seriously deteriorated.Third,land use is inefficient,hoarding phenomenon is serious.Fourth,the market mechanism is not fully imported,administration is unsuccessful.The third section is relationship between the occupation of cultivated land compensation and arable land protection system,reveals that the compensation system of cultivated land and the basic farmland protection system constitute two important starting points for the legal system of cultivated land protection by combing the system connotation of the legal system of cultivated land protection in China,and the implementation of the compensation system for cultivated land is essential to the realization of the value and objectives of the arable land protection system.The second chapter is the legislative evolution,system content and operational results of the compensation system of cultivated land,divided into three sections.The first section is to sort out the legislative evolution of the compensation system of cultivated land.According to the logic of the evolution of the system,the article divides the compensation system of cultivated land in China into four stages: the first is unenforceable period from 1978 to 1985;the Second is the concept of the proposed period from 1987 to 1997;third is the development period of d development and formation from 1998 to 2004;fourth is perfection period from 2005 to the present.The Section section occupies the main content of the cultivated land compensation system,that is,the number of balance system of "how much occupation,how much reclamation",the quality balance system that the cultivated land replenished and occupied,supplement the system after the first,payment arable land reclamation fee instead of arable land balance system,prohibit inter-provincial balance system,the quantity and quality of the supplementary cultivated land converted according to the grade and the quantity,land development and consolidation of reclamation system,the balance of cultivated land and the market-oriented trading system of construction land index,adding arable land system at different locations(including two aspects: the balance of cultivated land occupation indicators in the province of intraregional transactions and supplementary farmland national co-ordination).The third section is to examine the operating effect of the compensation system of cultivated land,including the balance of cultivated land occupation and the increase and decrease of urban and rural construction land.Especially,it examines the existence of the problem to put forward the proposed policy innovation.The third chapter is a typical sample study,divided into four sections.The first section is to study the main contents of the increase and decrease of urban and rural construction land.The second section is the Chongqing land ticket,including its background,legislative evolution,operational processes,characteristics and value of the function and the existence of the problem.The third section is the Chengdu construction land index trading system,including its formation background,legislative evolution,system characteristics and existing problems to examine.The fourth section is a comparative analysis,including the comparison between the increase and decrease of the hook system and the practice samples of Chengdu and Chongqing,as well as the comparison between Chongqing land ticket and Chengdu construction land index trading system to run the results,analysis of the merits of the two systems,for the proposed system to improve the recommendations and innovative services.The fourth chapter is the experience of cultivated land compensation,divided into two sections.The first section describes the relevant system and specific measures of the United States,Britain and other six countries and Taiwan in the occupation of cultivated land compensation.The second section is the inspiration and reference,summed up its compensation experiences of the developed countries and regions in the occupation of cultivated land protection: First,the establishment of land zoning control system,the development of scientific land assessment methods;Second,land use planning rigorous,strict protection of arable land science;third,clear land property rights,the right use protection in place;fourth,the establishment of the core of economic incentives of protection and compensation mechanism,vigorously development and reclamation of arable land,to reduce the urbanization of the pressure on the occupation of arable land;fifth,the introduction of market mechanisms to curb land impulse,mainly to stipulate clearly the purpose of land acquisition,strict land acquisition procedures;reasonable land acquisition compensation in accordance with market standards.The fifth chapter is the consummation and innovation of the cultivated land compensation system,divided into five sections.The first section is to build a market-oriented occupation of arable land compensation system.This paper studies six aspects of the problem,including the opening of the target transaction object,the marketization of the transaction mode,the opening of the trading mechanism,the opening of the financing channel of the land remediation,the return of the index transaction income and the introduction of the market incentive mechanism in the rehabilitation of cultivated land.The second section is to study the compensation of arable land several theoretical issues.According to theory of Property Law,this article first clarifies that the balance of cultivated land occupation index belongs to the definition of "one kind of property right",defined the index of balance of cultivated as " one new type of property rights".The article raises that the right to added cultivate arable land belongs to the investor or In accordance with the agreement according to the "who invest,who all" the principle,and register cultivated land occupation index according to the registration method of real estate.The third section is a rethinking of "quality balance".The article excavates the connotation of "quality balance",demonstrates the necessity of replacing the "quality balance" with "production balance" from the national food security strategy needs,studies the method of the quality of cultivated land to offset the cultivated area,propose "balance of production" instead of "quality balance",establish a unified land reclamation quality standard system.The fourth section is to study the relevant issues of land supplementation,studies the government regulation and control of the supplementary land to protect the role firstly,then proves that the supplementary farmland index is a reasonable carrier to supplement the cultivated land in different places.The article argues that it should establish supplementary farmland indicators inter-provincial trading mechanism to reflects the production efficiency of different regions of lands through.The current price of supplementary land does not fully reflect the value of supplementary arable land,as well as the legitimacy of province transactions of the construction land indicators should be confirmed,and other issues.
Keywords/Search Tags:Compensation for Cultivated Land, balance of occupation and adding, increase or decrease, land ticket, construction land index, index trading
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