Research On The System Of National Intervention In Farmland Rotation And Fallow

The implementation of institutionalized rotation and fallow in China cannot be separated from the argumentation from the perspective of constitution and administrative law.In view of the current severe cultivated land environment,as well as the fact that it is not feasible for farmers to carry out rotation and fallow on their own initiative,and the collective nominal owner is unable to undertake the work of farmland protection,the intervention of the state as the substantial owner of farmland has congenital advantage advantages.The problem is that article 10 of the constitution stipulates that rural land belongs to collective ownership unless otherwise stipulated by law.Then the intervention of the state may interfere or even infringe the collective ownership.To allay such doubts,we must search legal basis from the constitutional text.First,land,as the most important means of production,bears the heavy responsibility of eliminating exploitation and realizing social equity.It must be jointly possessed by socialist laborers,which is the limitation of collective ownership by the provisions of public ownership.Secondly,starting from the ecological value of agricultural land,the author inter:prets the land system clause and natural resources clause of the constitution with The Times,thinks that land belongs to natural resources in the sense of the constitution,and then deduces that the state has the obligation to guarantee the rational use of land from article 9 and article 10 of the constitution.Third,the state has the obligation to prevent and control pollution and protect the environment.Fourth,land as socialist public property is sacrosanct.These four are the sources of power for the state to intervene.The practice of foreign rotation and fallow tells us that it is very important to choose the model of rotation and fallow according to local conditions and to establish a reasonable subsidy and compensation mechanism.In consideration of the complicated current situation and institutional environment of farmland,China should adopt the mode of voluntary rotation and fallow as the main mode and mandatory fallow as the auxiliary mode,that is,the state guides farmers to carry out voluntary rotation and fallow in the farmland with light pollution or quality degradation through subsidy mechanism,but mandatory fallow is carried out in the region with serious pollution and land degradation.Through the "comprehensive judgment method" and focusing on the economic factors that have the greatest impact on the rights and interests of farmers,the paper argues that the compulsory implementation of fallow constitutes excessive restrictions on land property rights,breaks through the ceiling of social obligations of property rights,and should be subject to regulatory takings,and the state should pay compensation.Based on the problems reflected in the pilot work,the country should const:ruct the legal system of rotation and fallow through the following aspects:First,establish laws and regulations and policy system of crop rotation and fallow;The second is to improve the way of performing state obligations through administrative guidance,administrative awards and administrative agreements.Third,the introduction of investigation and demonstration,information disclosure,hearings and other systems to standardize its decision-making and implementation procedures;Fourth,the establishment of market-oriented and differentiated dynamic subsidies and compensation mechanism;Fifth,we should strengthen the supervision of farmers' behavior and the government's behavior and build a two-sided supervision mechanism.