Normative Analysis Of The Provisions Of Cultivated Land Protection Funds

Cultivated land protection is a basic national policy that China has long adhered to.It is the resource guarantee foundation for achieving the goal of building a well-off society in an all-round way,enhancing the national food security guarantee capacity,and maintaining social stability.China's cultivated land protection system used to be mainly based on binding,constructive,and punitive protection methods.The quality,quantity,and ecological environment of cultivated land resources are still relatively serious.In the new period,the Party Central Committee and the State Council uphold the principles of reform and innovation,adding “incentive” protection content to the previous protection methods,and innovating the economic compensation mechanism for cultivated land protection,in order to stimulate and mobilize the enthusiasm of all parties to protect cultivated land,Initiative and creativity,and play an important role of economic means for the protection of cultivated land.The cultivated land protection fund system is the subordinate concept of the economic compensation mechanism for cultivated land protection,and is an economic initiative of the cultivated land protection compensation mechanism.The relatively scientific and complete provisions of the cultivated land protection fund are the guarantee for the effective operation of the cultivated land protection fund system.The Cultivated Land Protection Fund has been piloted in individual regions of China and released with local normative documents.High-level and systematic legislation has not yet been introduced.Therefore,there are still many problems at the level of relevant legislative norms.The subjects involved in the provisions of the cultivated land protection fund have imbalances in the interests of the central government,local governments,and farmers.The relevant national functional departments have flaws in their institutional mechanisms,lack of inter-ministerial coordination mechanisms,and the scope of compensated subjects is small,so they cannot fully mobilize their cultivated land protection.Enthusiasm and other issues;the object involved has a single source of funds,the government has greater financial pressure,the fund lacks stability,the farmland compensation standards are not uniformly set,and there is a lack of science;the liability mechanism involved has chaotic provisions,specifically assuming The scope of the main body of violations is small,the punishment of the form of responsibility is relatively light,and there is insufficient space for public participation,and the lack of social supervision mechanisms.The article clarifies the normative connotation of the terms of the cultivated land protection fund through the system thinking paradigm and the legal doctrine paradigm,clarifies the relevant legal relationship of the terms of the cultivated land protection fund,and sorts out and integrates the relevant terms of the cultivated land protection fund through research methods such as normative analysis and literature analysis,Induction and analysis,based on the existence of problems in the provision of its clauses,put forward corresponding improvements.Specifically,the interests of all parties such as the central government,local governments,and farmers should be balanced,the inter-ministerial coordination mechanism of relevant functional departments should be established,their work efficiency should be improved,the scope of the compensated subjects of the cultivated land protection fund should be broadened,multiple compensation methods should be innovated,and relevant subjects should be mobilized for cultivated land protection Enthusiasm;broaden the financing channels of the cultivated land protection fund and reduce its dependence on government finances;scientifically set the cultivated land protection fund compensation standards for the cultivated land;expand the scope of the principals responsible for violations of regulations,increase the penalties in the form of liability,expand the space for public participation,and complete The social supervision mechanism aims to provide a reasonable standard setting for the cultivated land protection fund system.