Research On The Regional Overall Planning And Compensation Legal System Of Agriculture

As the dependence of creature comforts and subsistence for human beings, even the indispensible spatial carrier of social and economic activities, cultivated land is placed in the stature of strategical resources all along by our state, being inflicted the stringent national governance and administrative protection, whereas the actual institutional effect is throughout unsatisfactory. From the perspective of constructing regional overall planning and compensation system of cultivated land protection, this paper attempts to propose the essential orientation of the coming reform in the cultivated land protection system on the ground of probing into the institutional roots of invalidation of cultivated land protection policies. The full text may be separated into three parts to expound:The first part analyzes the essential attribute of cultivated land and the impelling force of its non-agriculturalisation. Besides the commonness of land resources, cultivated land still possess land use multi-suitability and changed direction irreversibility, holding a comprehensive multi-value in the aspects of social security and stability guarantee, national food safety provide, and ecological environment benefit improvement. Under modern market economy conditions, land exerts enormous pulling effect to economic growth with its added-value benefit. Furthermore the extreme scarcity of resources, disadvantaged gains by comparison of cultivated land, and the externality character in the multi-value of cultivated land protection consist the fundamental impelling force of non-agriculturalisation of cultivated land.The second part is designed to card all-around the present legal system of cultivated land protection in China in terms of historical change, basic framework and execution performance, moreover obtaining its essential institutional defects. Since the reform and opening up, our regional unbalanced development strategy and unequal allocation of land factors, result in significant regional diversities, however the regional governments driven by regional economical benefit hold the dominant tendency of pushing forward the non-agriculturalisation of cultivated land, becoming the retardant force to the effective implement of the central cultivated land protection policies. The serious shortage of institutional relief to the regional unbalance afforded by present cultivated land protection policies,come into being the inherent obstacle to the achievement of the objective to protect cultivated land. The third part proposes the construction of regional overall planning and compensation system of cultivated land protection, on the ground of the conclusion foresaid, clarifying its connotation, theoretical basis, basic principles, main institutional contents, and so on and so forth from the institution and framing level, so as to resolve the under-supply conundrum of cultivated land protection system, and afford value support to the coming full reconstruction and completion of cultivated land protection legal system.