The Legal Study Of Land Resource Protection In Chinese Utilization Process

American famous economist E.Stieglitz once had a famous judgment: "In 21st century, the two matters will influence the world advancement and change the world appearance: one is the American high-tech industry development, the other is the Chinese urbanized advancement ". The urbanization is the inevitable trend of the agricultural industrialization and the rural economic society modernization. The utilization development can bring the dramatic change of social economy relations, actuate the fundamental transformation of the city and countryside region land utilization, and urbanization has caused the problem between the land resource use and its protection. The urbanization, on one hand, is a part of agricultural labor transforming to non- agricultural labor and the rural population transforming to urban population; on the other hand, is the agriculture land transforming to non-agriculture land and the countryside land transforming to utilization land, thus caused the urban population and the utilization land expansion, at the same time, the countryside collective land also faces being replaced. The utilization should rely on the land, for the land acting the extremely important role in the utilization advancement, regardless of the industrial structure adjustment, the population gathering, or the infrastructure construction, all must realize through the land being replaced. Along with the Chinese utilization development, unceasingly increase to the land demand, as a result of land resource scarce, the land resource protection and its demand contradiction gradually appears. In order to resolve the contradiction, this article has adopted the Land Development Right and the Land Sustainable Development Theory as the theoretic base for the whole article, and proposed the countermeasures to the contradiction between the utilization development and the land resource protection. The Land Development Right simply is the right to development (developing) the land, but the Land Sustainable Development Theory needs to pay great attention to the land resource protection during the land development. During the utilization advancement, carrying on the highly effective use of the land resource, as well as protecting the land resource has the practical significance to the Chinese utilization development.This article took the Land Development Right and the Land Sustainable Development Theory as its theoretic base, studied the land resource protection law system from the land utilization, analyzed the existing problems of land resource protection in Chinese utilization developing process, and proposed the land resource protection related measurements.This article main body is divided into four parts for elaboration. The first part introduced Chinese utilization survey and its relations with the land resource protection, mainly mentioned the utilization implication, the characteristic as well as the significance, and proven the dialectical relations between the utilization and the land resource protection; the second part adopted the Land Development Right and the Land Sustainable Development Theory, and carried on the elaboration to Land Development Right's meaning, origin, value idea and so on, as well as analyzed the main contents of Land Sustainable Development Theory; the third part proposed the problems of the land resource protection appearing in the Chinese utilization developing process; the fourth part proposed the countermeasures to the problems mentioned above.