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Study On China's Cultivated Land Protection System From The Perspective Of Property Rights

Posted on:2019-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q JiaFull Text:PDF
GTID:2416330548482122Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
As an important part of land resources,cultivated land is the cornerstone of the survival and development of human society.In addition to its ecological value as a natural resource,arable land also has a unique social value:It bears a heavy responsibility for food security in a country.Although China's land area is ranked third in the world,the per capita arable land is scarce,and the current problem of farmland pollution and abandonment is very serious.The situation of farmland protection in China is not optimistic.The development of contemporary science and technology makes natural causes no longer the primary cause of the decline in the quality of arable land.On the contrary,the unreasonable division of property rights structure and unscientific farming practices on arable land have become the main factors for the decline of arable land quality.Therefore,the rational use of arable land has become a protection of arable land resources.An important approach,and the construction of this approach requires the adoption of a scientific system of farmland property rights.In 2016,China promulgated the Opinions on the Improvement of the Separation of Rural Land Ownership and Contracting Rights,and the formal reform of the arable land property rights system has changed from the previous separation of powers to the separation of three powers.The arrangement of property rights structure of cultivated land is the result of mutual compromise between various rights subjects.From the perspective of the ecological relationship between man and nature,the property rights structure of "two rights separation" is insufficient for the protection of cultivated land,but "three powers are separated".Whether the property right structure can achieve effective protection of cultivated land is uncertain.This article is based on this background,from the perspective of cultivated land property rights to seek ways to effectively protect arable land,so as to achieve improved quality of arable land,curb the loss of a large number of arable land resources,to protect the area of arable land.First of all,the article introduced the current situation of the protection of cultivated land in China.The key is to sort out clearly the degree of protection of cultivated land under different property rights structure of cultivated land is different,but overall the protection of property rights on cultivated land presents a rising trend.Secondly,it is clear that the property rights of cultivated land are related to the utilization and protection of cultivated land resources.It briefly explains that different powers in China's property rights system have different impacts on cultivated land protection,especially paying attention to the current "three rights allocation" for cultivated land protection.What is the effect?Thirdly,combing the rules of cultivated land protection in the process of historical changes in the property rights of cultivated land in China,and summing up features to analyze future trends.Thirdly,the problems existing in the protection of cultivated land under the perspective of the"three rights allocation" of cultivated land property rights have been sorted out mainly in the following three aspects:The value of cultivated land property rights is positioned as "utilization",resulting in insufficient protection of the ecological value of cultivated land,Unclear legal nature of rights is not enough to protect arable land,there is no protective synergy between the property rights system and the external system of cultivated land protection.Finally,the author puts forward some suggestions for the lack of farmland protection under the property rights system:setting overall obligations of all property rights holders in the reform of the property rights system,establishing specific farmland protection obligations for the operators,and improving farmland quality and cultivated land by improving the arable land registration system.Linking circulation prices,increasing agricultural subsidies,stimulating the conservation use of cultivated land,playing the role of land supervision and farmland monitoring mechanisms,guaranteeing the use of cultivated land,and so on.Therefore,it is clear that the division of rights on land,the strengthening of the supervision responsibility of the main body of cultivated land and cultivated land itself,supplemented by scientific methods of cultivation,can promote the sustainable use of cultivated land resources.
Keywords/Search Tags:Property rights, Protection of cultivated land, Separation of powers, Management rights
PDF Full Text Request
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