The Study Of Improving China’s Cultivated Land Protection Legal System

As a kind of basic farmland resources, not only in the natural resource plays a veryimportant role, and in safeguarding state grain safety, promote economic development,maintain social order stability and play an important role. With the development ofeconomy and population growth, global cultivated land resource continuous drain, farmlandprotection become the world’s attach great importance to the issue. The cultivated landresource in our country, but the per capita resource base and a smaller, the scarce reserveresources. Quality overall level is not high, More than three-fourths farmland yield low.Atthe same time, our country is developing countries, economic development is the toppriority.Economic construction increased demand for cultivated land resources, but theutilization rate of cultivated land resources is not high, cultivated land are wasted, idle,desertification phenomenon seriously. Congenital deficiency of cultivated land resources,acquired irrational use sharpened the contradiction between supply and demand ofcultivated land resource in our country. Farmland overall dynamic balance continuously isbroken, the quantity of cultivated land, quality and continuous decrease of condition causedthe Chinese government attach great importance, wen proposed by comrade "must defendnational not less than18million hectares of arable land this the red line".Influence factors of cultivated land resources including government, market, propertyand legal system, including the four elements in our country legal system is the basis ofcultivated land protection work. Our government since the1970s from actual continuouslycultivated land protection promulgated the policies and regulations related, graduallyformed the cultivated land protection law system contains the farmland balance system, theprotection of basic farmland system and the land development and consolidation ofreclamation system and the land use control system, land expropriation system, etc, tocontrol the loss of cultivated land resources plays a positive role. But along with theeconomic development, population growth, the city will, the industrialization advancementgradually quickening, existing farmland protection system can’t meet the practical needs,the defects of the system of gradually revealed.Based on how to perfect the legal system of cultivated land protection this one theme,based on the introduction of cultivated land resource, and cultivated land protection basicconcepts and characteristics of the foundation, first through the cultivated land resource to present situation investigation, define the practice cause the cultivated land resource in ourcountry, the main reason for continuous drain such as cultivated land market organization,the local government has not build the administrative management system, the tax system isnot perfected; Secondly the cultivated land system by combining with the practice, analysisof the legal system of cultivated land protection, such as the defects existing in thecultivated land protection law does not consider local differences, basic farmland division isnot reasonable, etc.; Through the introduction of foreign cultivated land protection again,improved regulation of cultivated land protection legal system, as revealed the cultivatedland use planning system pays attention to the construction of soil production capacity, payattention to improving, etc; Eventually, combining foreign advanced achievements, someSuggestions about how to perfect our country keep cultivated land resources quantity,enhance the quality of cultivated land resource, prevent pollution of cultivated landresources legal systems of several suggestions. For example, make the incentive mearsuresin order to improve people to protect the enthusiasm of cultivated land resources; revisedthe principle of cultivated land reclamation for ‘Who reclamation,Who benefit’; etc.