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On Legal Issues Of Sustainable Use Of Arable Land Resources Of China

Posted on:2009-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:S J ChenFull Text:PDF
GTID:2166360245951330Subject:Environment and Resources Protection Law
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Land is the origin of all things, and the important source of the human society and productivity. Arable land is the basic productive materials of agricultural production as well as the productive targets, and it is the roots of mankind. Arable land resources is the fundamental material for social progress, it provides us with food and the basis of human existence. The sustainable use of arable land resources is closed related to the progress of the whole society. China has abundant arable lands in total, but a small number of averages. Besides, the poor quality of arable land, the issue of degradation, serious shortage of backup arable land and the downward trend of utilization rate are the essential problems to be considered by government.Since reform and opening up policy has been implemented and China's economy speeds up, China's urbanization steps on a new level, the demand for constructive land is increasing, and the conflicts between land supply and demand is intensified. It is a tough issue that how to balance the land demand for industrialization and urbanization and the food security required by 1.3 billion people. Meanwhile, with the restructuring of agricultural production, land use and farming systems patterns have been changed, thus affecting on forming the protection policy of farmland. A huge amount of arable land resources have been occupied, it is faced with ecological destruction and environmental pollution. Arable land pollution problem is directly related to human health, related to the quality and safety of agricultural products, related to ecological security. As the lifeline of human society, the deteriorating quality of cultivated land threatens ecological environment, food security and sustainable agricultural development.Based on the importance of farmland and the existing problems, this paper analyzes the issues from a legal point of view. Fist, import advanced legislative ideas to the legal protection of arable land. Second, analyzed the problems of rule of law: resources is allocated by administrative power while ignoring the function of market; stressing on national benefits but neglecting the possession right of citizens, corporations and other communities; emphasize land utilization while ignoring protection of ecological environment; the unreasonable setting of administrative department of land resources management and the unconsciousness of farmers on arable land conservation. Besides, many problems exists in the legal system of arable land protection, such as the illogicality of property right of arable land resources, restriction of rural land property, the low compensation of land tenure and the imperfect of programming system of land utilization. At last, as for the law enforcement, implement departments is set up unreasonable, it is need to be improved to reach a high rank of quality in implementation process.In view of the imperfect aspects within ideas, legal systems and enforcement of legal protection of arable land, this paper put forward the following suggestions: renovate the existing legislative ideas; learn from advanced international experience in legislation; establish a complete and unified legal system of the sustainable use of arable land resources; set up conservation system to ensure the quality of arable land; improve administrative concept and establish the idea of"Green GDP"; perfect the cadre appraisal mechanism to improve the quality of law enforcement agencies; raise the citizens'awareness of the farmland protection; improve the mechanism for public participation and expand nongovernmental environmental protection groups. All those suggestions are positive to prefect the legal system as well as the enforcement system of China's arable land protection.
Keywords/Search Tags:arable land resources, legislative perfection, sustainable utilization
PDF Full Text Request
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