| Land bears all things,which plays an irreplaceable role in the survival and development of human society.China is a large country with rich land resources,and also the country with the largest population in the world.Land resources to the average person is particularly insufficient.The protection of cultivated land started late at home.For a long time,our country has pursued the economic value of land resources one-sidedly.The input of cultivated land ecological protection was insufficient,which ignored the ecological value of cultivated land resources,such as adjusting climate,conserving water source,purifying air and maintaining biodiversity.How to coordinate the contradiction between economic development and cultivated land protection,the ecological compensation of cultivated land protection is one of the important ways to solve this problem.At present,there are still many problems in the preliminary exploration of ecological compensation system of cultivated land protection in China.It is an objective requirement to explore the legal system of ecological compensation for cultivated land protection.In order to study the basic theory of the legal system of cultivated land ecological compensation,it is necessary to define the connotation of cultivated land ecological compensation and then analyze its theoretical basis.The so-called ecological compensation of cultivated land refers to the legal act,which aims to ensure the sustainable development of human production and life,improve the comprehensive quality of cultivated land,maintain the safety and stability of cultivated land ecological environment,and realize the continuous supply of regulated ecological functions of cultivated land.Cultivated land ecological compensation is a legal action that imposes fees on the users(or polluters)of cultivated land resources development and at the same time gives economic(or non-economic)returns and compensates to the special victims of ecological balance by the providers of regulatory ecological functions in ecological functional areas.Theory is the precursor of action.The basic theory of the legal system of ecological compensation for cultivated land protection is to study the premise and foundation of its system construction.As a public resource,cultivated land resources have obvious positive externalities.How to realize the internalization of ecological externalities is the core of the ecological compensation system and an important theoretical basis for establishing and improving the legal system of ecological compensation for cultivated land protection.In addition,how to solve the problem of land development right,how to build a life community of "Mountain-Water-Forest-Cropland-Lake " and how to realize the sustainable development between "human" and "land" are all theoretical issues that should be considered comprehensively when exploring the legal system construction of ecological compensation for cultivated land protection in China.At present,China has made some provisions on ecological compensation for the protection of cultivated land in the Constitution,Environmental Protection Law,Land Management Law,Soil Pollution Prevention Law,Farmland Occupation Tax Law,and other relevant laws,regulations,and policies.In general,the relevant provisions in China are relatively scattered and lack of systematicness and comprehensiveness.From a practical point of view,Chengdu,Sichuan Province,Suzhou City,Jiangsu Province,Guangzhou Province,Shanghai City and other places have successively carried out the practice of arable land ecological compensation reform and achieved certain results.However,in general,there are many problems in China's cultivated land protection and compensation legal system,such as imperfect laws and regulations,unclear elements of legal relations,imperfect legal procedures,insufficient sources of funds,imperfect legal liability regulations,and imperfect supervision and management mechanisms.From a foreign perspective,the legal system and practical experience of cultivated land protection and ecological compensation in Western developed countries precede China,and its successful experience has a strong reference for the improvement of China's cultivated land protection and ecological compensation legal system.At present,many developed countries in the world have established a complete system of the ecological compensation system for the protection of arable land,such as voluntary participation in the United States,project incentive in Canada,green subsidy system in Germany,and government-led ecological compensation in Japan The legal system has provided a useful reference for gradually building a legal system for ecological compensation for cultivated land protection that conforms to China's characteristics.To explore the legal construction of ecological compensation system for cultivated land protection makes the ecological compensation for cultivated land protection have laws to follow.First of all,relevant laws and regulations should be issued as soon as possible to improve the laws and regulations related to ecological compensation for cultivated land protection,so as to provide legal protection for ecological compensation for cultivated land protection.Secondly,the basic elements of the legal relationship of ecological compensation for cultivated land should be clearly defined,scientific and reasonable compensation standards should be formulated,and compensation procedures should be standardized.Thirdly,we should expand and establish diversified financing channels such as government financial transfer expenditure,environmental tax and social financing channels to ensure the source of funds for ecological compensation of cultivated land protection.The optimization of the legal system also requires the establishment and improvement of a comprehensive supervision and management system.It is necessary to strengthen the coordination and cooperation of various government departments,introduce social supervision mechanism,and promote the fair and reasonable distribution and efficient use of the ecological compensation funds for cultivated land protection.Finally,a complete legal responsibility investigation mechanism should be established to clarify the responsibilities of the government,the injured,the beneficiaries and the compensated parties in the legal relationship of cultivated land ecological compensation,and the corresponding civil,administrative or criminal liabilities should be investigated according to law. |
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