Study On The Legislation Development And The Main Subjects' Responsibility Of Cultivated Land Quality Protection In China

The cultivated land is the foundation of our survival,food and development.Cultivated land quality is the measurement of land healthy condition as well as a key factor of value on land utilization.China's cultivated land quality is gradually decreased,however,there is a lack of special laws of protection of cultivated land quality in our country.There is no doubt that stipulations in the existing legal system,especially the weakness of subjects' responsibility and law enforcement,is so blurred that hinder the effects of law.From the perspective of land law,legislative perfection related to land quality is aiming at achieving food security,it is precisely whether China's existing cultivated land output can feed 1.4 billion people in the future.Based on definition of cultivated land,quality of cultivated land,the land law concepts,dissecting "land to the tiller" theory,land scarcity theory and the theory of sustainable land use,analyzing our country and the status of the northeast black soil region quality level,this dissertation expounded the cultivated land quality situation is not optimistic at present in our country and needs to improve.From the perspective of law,we concluded the development of cultivated land quality protection in our country,the conclusion can be regarded as two points as followed:First,The relevant provisions of the existing laws and regulations are too general and scattered,and the subject does not fully do what they need to do,effects have not reached its due legal effect.Second,although government attaches great importance to build the law about cultivated land quality in recent years,but most of the them are department regulations and judicial interpretations,the National People's Congress or the state council has not issued a special national level of cultivated land quality management protection laws and regulations,and the nation cannot build completed land law system.Based on previous laws and regulations,the dissertation discussed the responsibility from the perspective of land users and government.The rural collective economic organization is mainly responsible of supervising and organizing villagers to cultivate reasonably,protect land and recover the land which is occupied but not used;as the user directly,persons should obey the laws,report illegal activities and use inputs reasonably,should not abandon the land and so on.Government level is divided into the central government and local governments,local government can be also divided into subdivision of land administrative departments and the competent administrative department for agriculture.As a manager,policy makers and policy makers,the government is responsible of the quality of cultivated land protection and construction.Central government is the role of the top-level design and coordination,mainly about examing application and achievements,establishing evaluation mechanism.Local government is responsible for the recovery of abandoned land within their respective jurisdictions.For land administrative departments,the responsibilities mainly include the supervision and inspection of destructive behaviors which are illegal and criminal to cultivated land,it should be ordered to the parties concerned to correct restorable or pay a fine,etc.For the administrative department of agriculture,the main measures should be taken to establish monitoring places,report to the government at the corresponding level,guide farmers to scientific fertilize,protect and improve the quality of cultivated land.But a series of behaviors and condition of cultivated land in our country show the restriction of the laws is not obvious and poor efficiency of government.Form the problem analyzed above,this dissertation explore that the land law duty performance does not sufficient and explain reasons and put forward the countermeasures of four points,respectively:identifying explicitly the cropland quality protection responsibility of main body,establishing and perfecting the legal system,intensifying law propaganda,establishing rewards,punishment mechanism and supervision mechanism.Aimed at providing analysis and references to the quality of cropland protection in China and the perfection of the law.