Study On The Legal System Of Balance And Supplement

Since the establishment of the legislative system,the legal system of balance of occupation and compensation has reduced the number of cultivated land to a certain extent,and guaranteed the minimum cultivated land area.However,with the continuous development of China's economy and society,arable land is showing a variety of problems,such as lack of reserve resources,quality decline and regional imbalance.The legal system of cultivated land requisition compensation balance has been unable to effectively solve the current predicament,so the system needs further improvement to adapt to the new situation.The purpose of this paper is to explore and perfect the legal system of cultivated land requisition compensation balance,which is divided into four parts.The first part of this paper will make theoretical analysis from two aspects of economics and jurisprudence,so as to lay a theoretical foundation for the legal system of cultivated land requisition compensation balance.The legal relationship contained in the system is sorted out so as to clarify the content of the system and provide a clear legal basis.And from the three aspects of rationality,legitimacy and value,this paper makes a jurisprudential analysis of the balance of compensation system and demonstrates the legitimacy of the system.The second part,based on the current situation of cultivated land in China,and combining with the current legal provisions,this paper analyzes the difficulties faced by the legal system of the balance of compensation and supplement in China.It mainly discusses the plight of the legal practice level,the regulatory level and the accountability level,and the exploration and innovation of the system regulation measures,the supervision and management balance of the system,and the balance of the system.Three aspects of judicial protection are demonstrated,and the root causes of regulatory failure in the legal system of balance of compensation are analyzed from inside and outside.The third part makes a brief analysis of the three typical models of the US contract mode,the British tax mode and the Japanese control mode.The first is that the American contract mode makes the public participate in the field of cultivated land protection through the agreement,and realizes "power balance" from the arable land planning,occupation and litigation.Two is the British tax model,by raising the tax and fee of cultivated land,reducingthe cost of farmland use and realizing the balance between agricultural benefits and non-agricultural interests,that is,"profit".The three is the Japanese mode of management and control.All the main actions are based on the scientific basis,and use the science to improve the quality of the land and utilize the cultivated land to develop the ecological agricultural park to achieve the "ecological balance".The fourth part,this paper puts forward five countermeasures for the realistic legal dilemma: first,improving the legal practice.The occupation link will increase the farmland occupation tax and realize the source control;the supplementary link legislation will establish the way of land consolidation and realize the sustainable implementation.The two is to promote the public participation mechanism.Through the hearing system,the right of citizens' right to know is transferred to the decision-making power,and the public is brought into the main body of the system through the contract mode,aiming at arousing the enthusiasm of the public participation.The three is the strict supervision system,which aims to achieve the separation and balance between the examination and approval power and the regulatory power by defining the regulatory body and optimizing the regulatory mechanism.Four,we should improve the accountability mechanism and enforce the authority of the system through two levels of law enforcement and judicature through strengthening enforcement and introducing public interest litigation.Five is to explore the cross regional cultivated land supplement.From a macroscopic perspective,we should focus on the theoretical research of this way and practice in a microcosmic perspective,so as to ensure the rationality,legality and feasibility of the new way.