The Research On The Legal Control Abandoned Phenomenon Of Rural Farmland

"People is the basic of a country, food is the basic of the people,soil is the basic of the food."Land is the most basic means of production of agricultural production,but also the basic material for human society to survive and develop, and cultivated land is the essence of land. Since the second half of the 20th century, many developed countries occurred obvious land reclamation phenomenon, and gradually evolved into a global land problem, some provinces in China have emerged in varying degrees of land reclamation phenomenon. The author puts forward some suggestions on the legal control of the abandonment of arable land in order to provide some reference for the improvement of the legal system of cultivated land protection in rural areas of China.This thesis is divided into four parts:The first part is the introduction of the investigation object of Gao Li Village, Taiping Town, Gulin County, Sichuan Province. In this part, the concept of farmland abandonment is first analyzed, and the geographical position, climate, geographical environment, population,cultivated land area and farmer's employment situation are introduced in the following parts.The second part is the investigation and study on the abandonment of cultivated land in Gaoli village. First, introduces the overall situation of the survey; Second, the author find that the phenomenon of the land abandonment of the cultivated land is more serious through the investigation and study to emerge the current situation of the abandonment of cultivated land in Gaoli village. Third, the reason is that most farmers believe that the main reason for the fellowmen of cultivated land is the low income of farming. Fourth, through the investigation and study to show the view of farmers to reduce the cultivated land abandoned, for the unfinished arable land, farmers mainly return farmland to forests, planting economic crops and abandoned land for disposal, most farmers believe that land transfer can slow down the abandoned land,many farmers are willing to carry out land transfer,but do not know how to carry out land transfer.The third part is the analysis of research data. Firstly, through the analysis of the status quo of the abandonment of farmland in rural areas, the conclusion is drawn that there is a tendency of abandonment of farmland in rural areas. Secondly, most of the abandoned land is the result of the rational choice of farmers. The author analyzes the causes of the abandonment of arable land from the factors of social and economic factors, natural factors,psychological factors and policy factors, and draws the conclusion that most of the cultivated land reclamation is the rational choice of farmers. Thirdly, the abuse of returning farmland to forest may cause loss of arable land. The purpose of returning farmland to forest is to protect cultivated land, prevent soil erosion, and reduce the return of farmland to forest, but it will cause the loss of cultivated land. Fourthly, the transfer of land management rights is the fundamental measure to solve the arable land abandoned. Most farmers believe that land transfer can slow down the abandonment of arable land, but because of the land transfer mechanism is not perfect, farmers do not understand the land transfer mechanism, do not know how to carry out land transfer, resulting in land transfer mechanism did not play its role in slowing the fallow.The fourth part is to put forward the legal control proposals of farmland abandonment in rural areas. First, strengthen the publicity of land transfer policy and establish and improve the land transfer platform. The government should increase the propaganda, and gradually guide the farmers to enhance their awareness of land transfer. When the level of awareness of farmers gradually increased to one stage, the system changes will be taken accordingly, the establishment of land transfer market will be succeeded. The establishment and improvement of land transfer platform is conducive to the realization of fair, free and safe land management rights of the transfer of land management rights, in order to fully realize its economic value.Therefore, we should actively guide and organize the platform of land transfer, cultivate and improve the land management rights transfer market, promote the land transfer market construction.Second, improve the agricultural subsidy system. Due to the low degree of legalization of agricultural subsidies in China and the absence of a complete system, the agricultural subsidy system cannot mobilize the enthusiasm of farmers. Therefore, it is necessary to improve the agricultural subsidies system to increase support for rural areas.Third, establish the arable land abandoned fee system. In reality, it is necessary to establish a system of arable land and arable land and to reduce the abandonment of arable land by adopting a compulsory means to recover the cultivated land to reduce the plowing of the cultivated land. Fourth, regulate the procedures of the provisions for returning farmland to forests, and prohibit farmers to cultivate cultivated land for returning farmland to forest, and prevent the abuse of returning farmland to forest instead of governance farmland abandoned.