The Research On Several Legal Regulations Of China's Land Reclamation

The land is the foundation of the existence of human,and is the material foundation of the social economy development and social development.The territory of our country is 9,600,000 square kilometers, occupying 1/15 of the land in the world.The population of our country is big,and the land for per person is little.The land is broken very seriously, and the contradiction between the people and ground also is very serious. So for the protection work,we face a huge challenge.The land resources reduce more day by day.It becomes the necessary choice for us to request the land from the land and from the science and technology.So land reclamation is one of important measures.Land reclamation is the inevitable outcome which produces breakage in the land during the construction process.The land reclamation involve in an environmental science,ecosystem science,law etc.Reclamation process also is an environmental protection,ecosystem instauration,and the realization of continuous development.The synthetic nature of reclamation needs to manage synthetically.In developed countries,there are not only advanced reclamation technique researches and sound system designs,but also the flourishing legal system assurance.In our country,the land reclamation started late.After a period of the development,t obtained some achievement.But in our country,the rate of land reclamation is only about 10%now,and compared with the developed country it still has many disparities.High reclamation rate needs sound system assurance,but for long time we have just done the technique researches,and have neglected the law researches.In 1988 the promulgation of the land reclamation provision is the outcome of planned economy.Under the market economy condition it cannot suit the realistic circumstance.Now we should try our best to do some law system researches of land reclamation.Because the laws and regulations of land reclamation fall behind of the present condition,firstly the writer analysed the shortage of concept of land reclamation and give the definition of that.On this foundation,the writer studied the economics foundation,ecology foundation and legal theory of reclamation,and made use of cultural heritage researches and analytical method to investigate foreign countries,especially the reclamation law systems of the United States and Japan.So the writer summed up some perfect system experience of the advanced countries. On the analytical foundation,the writer realized our country's land reclamation laws and regulations existed some mistakes,and having no specialized laws of land reclamation.The land reclamation provision can't combine with related provision.The position of land reclamation is low, too stylistic,and operability is bad.The new and old debt property doesn't divide.The principle "who break,who reclaim" become formalistic. Because the land of mineral industry is not reasonable,it easily caused the shortage of reclamation,the problems of property rights,shortage of the standard reclamation techniques and the evaluate systems,and the public participate systems etc.The writer thought resolving the law problems of land reclamation is done as follows:put the principle ecosystem reconstruction through the whole processes of land reclamation.With establishing the law of land reclamation,we can strengthen coordination and permit system researches,establish the law of land program and write the special chapters for the land reclamation.We should recognize the responsibilities between the new and old debt,establish the reclamation fund and security deposit,use the ground system of the mineral industry rationally and establish chapters we can follow.Also we must enact science reclamation standard,value the reclamation acceptance evaluation system,strengthen the public participation system and value the social supervision.