Returning Farmland Legal System Research

This year is the tenth anniversary of the promulgation of Grain-to-green Regulations and also the14th year of implementing grain-to-green project. Carried out in1999, grain-to-green project is an ecological environment construction project which involves the strongest policy, most investment, largest scale, and highest mass participation so far. The implementation of grain-to-green project has made great contribution in increasing vegetation, reducing water loss and soil erosion, improving the ecological environment, promoting the farmers’income and building a new socialist countryside. In order to protect the ecological environment, China has carried out a number of laws, regulations and policy measures to guarantee the smooth implementation of grain-to-green project. At the same time, China has started to build the law guarantee system step by step. Currently, grain-to-green project has entered the stage of consolidation phase. However, grain-to-green law guarantee system is still not complete, in which the forest right system and grain-to-green compensation system need to be established. Because of lacking rights of managing timber and reasonable subsidy, the basic life of farmers who return farmland to forest can not be guaranteed. In order to survive, they even may conduct re-ploughing which damages the results of grain-to-green project and also the environment.The main work in this stage is to build the law guarantee system which can ensure the smooth proceeding and the achievement continuation of grain-to-green project, at the same time, to ensure forest right in the areas of implementing grain-to-green project. From the background, purpose and significance of the researches on grain-to-green law systems, this paper elaborates and analyzes its developing history and current situation, combines the analysis and researches in law systems and policy measures related to grain-to-green, and concludes some problems existing in grain-to-green law systems. The problems include too low legislation level of Grain-to-green Regulations, conflicts with other laws and regulations, incomplete forest right system, lacking necessary forest right circulation system, too low grain-to-green compensation standard and unreasonable distribution. Targeted at the existing problems in Chinese grain-to-green project, the author puts forwards some suggestions to improve Chinese grain-to-green law guarantee system, including improving the effective level of Grain-to-green Regulations, formulating Grain-to-green Law, building reasonable and organized grain-to-green law system according to Chinese national conditions and development needs. Meanwhile, the suggestions involve completing grain-to-green forest right system and compensation system, building Chinese grain-to-green law guarantee system jointly from three aspects of completing legislation, forest right system and compensation system.