Study On The Law Of Sustainable Land Use In China

All the activities that human beings take part in to get materials and power from land resources can be called land resource utilization, namely, land utilization. Land utilization is the main body's behavior, which shows the will of the main body. However, on one hand, land is the material foundation of human production activities, and people need land to require materials and power. On the other hand, land is the essential ecological environment of human beings too. Without land, human beings will lose the room and conditions of living and the quality of land resources will decide the quality of human living standard. Therefore, although the use of land is the purpose of individuals, it influences human ecological environment simultaneously. Thus, land utilization concerns not only the conflicts between individuals, but also those between individuals and the society. It needs legal adjustment. Furthermore, legal rules directly affect the equilibrium of each side's benefit and the utilization of land resources. Based on the present situation of China's land resource utilization, the thesis analyses deeply the problems in legislation on land utilization and its distance with sustainable development. It also finds out the reasons and the check factors .At the same time, it learns from foreign countries and draws on their successful experience in legislation. So, it makes some perfect suggestions for the legislation of our land resource utilization, to improve the sustainable utilization of our land resources. Part one and part tow summarize the relationship between land resource utilization and sustainable development. Then it introduces our legal system of land resource utilization and our legal control on sustainable land resource utilization, paving the way for legal study on the sustainable utilization of land resources in the latter part of land resources in the latter part of this thesis. Part three discuss the legal study on the sustainable development of overall plan for land utilization. General land utilization contains the utilization of land resources and the allocation of it. Land allocation is the foundation of land utilization, and is the result of it as well. Although land allocation doesn't affect directly the physical or biological process, it influences the land utilization through the allocation of land use. Land allocation is mainly accomplished through overall plan. The overall plan of land utilization controls the construction and layout of all kinds of land .It works out the plot of strategic aims and designs them. It's the foundation of land utilization and affects, controls basically the final results of land utilization, by means of the allocation of land use. Firstly, the thesis introduces that the legislation of our overall plan for land utilization can be expressed by the establishment and the implement of the plan. Secondly, it raises the problems in the plan, analyses the controlling factors in sustainable development of overall plan for land utilization, introduces some foreign successful experience to be learned from, and analyses the controlling factors of China. Finally, it works out the plot of the perfection of the legislation on overall land utilization. Then, the thesis discusses the legislation on sustainable utilization in cities and in countries respectively , according to their different ways of using land .Part four studies on the legislation of sustainable utilization of land in cities. It introduces the present situation and the present legislation of land utilization in cities .And it tells us that in cities there is distance between the legislation of land utilization and the sustainable utilization of land. It analyses the advantages and disadvantages of the two supply system of land and finds out why they exist .At the same time, it suggests how to improve the legislation on sustainable utilization of land in cities. Part five studies the legislation on sustainable land utilization in countries .It introduces the present situation and the present legislation of land utilization in countries .And it tells us that in countries there is distance between the legislation of land utilization and the sustainable utilizaiton of land. It pays much attention to the sustainable utilization of cultivated land and points out the solution for the barrier of realizing sustainable utilization. The last part concludes briefly the whole thesis .It points out that we must realize the sustainable utilization and from legal rules when using land, and then create a legislative system which is perfect in its functions.