Research On The Civil Law Issues Of My Country's Cultivated Land Protection

As an important part of land resources,cultivated land is the cornerstone of the survival and development of human society.As an important material resource,cultivated land is related to national food security and people's well-being.At the same time,cultivated land is also an asset with its economic value.In addition,cultivated land is also a key link in solving the "three rural" issues and implementing the strategy of rural revitalization.Although our country land area ranks the third in the world,but the per capita cultivated land area is deficient,the current cultivated land pollution,the cultivated land illegal misappropriation and the abandonment question is also very serious,our country cultivated land protection situation is not optimistic,because our country present cultivated land protection system is established on the public law,and mainly relies on the administrative method namely the land use control and the land use plan to carry out the cultivated land protection behavior.It ignores the most direct,effective and huge subject of cultivated land protection-farmers,and greatly conceals the interests of farmers,resulting in the enthusiasm of farmers for cultivated land protection has not been effectively played and enhanced.This paper is based on this background,from the perspective of civil law,through the protection of farmers' rights and interests,to enhance farmers' income from cultivated land,so as to stimulate farmers' enthusiasm for cultivated land protection,to promote their spontaneous protection of cultivated land,and to achieve the institutional goal of cultivated land protection.Firstly,the article introduces the current situation of legislation and system operation of cultivated land protection,and reveals that the reason of the poor operation of cultivated land protection system under the control of public law in our country lies in the neglect of the status and rights and interests of farmers.Secondly,it combs the main body of cultivated land protection in our country,explains that the most important subject of cultivated land protection is the vastnumber of farmers,and analyzes the necessity of several important rights affecting farmers' income and enthusiasm for cultivated land protection.Thirdly,from the perspective of safeguarding private rights,the paper puts forward the following ways to solve the dilemma of poor operation effect of cultivated land protection: protecting members' rights,improving cultivated land property rights,choosing appropriate management mode and trying to introduce land development rights.Finally,promoting the orderly circulation of cultivated land,establishing the protection obligations of the relevant rights holders of cultivated land and ensuring the collective resolution behavior of farmers are taken as perfect measures to protect farmers' rights and interests from various angles,enhance farmers' income,and stimulate farmers' enthusiasm and initiative for the protection of cultivated land.