Research On The Protection Of Agricultural Land Development Rights And Interests Based On The Policy Of Linking Urban And Rural Construction Land Increase And Decrease

The link between increase and decrease of construction land in urban and rural areas(referred to as "link between increase and decrease")is a basic national policy proposed by China in the field of cultivated land protection.Since its implementation in 2006,the link between increase and decrease has lasted for more than 10 years,covering the vast majority of provinces in China.In general,the link between increase and decrease has been linked to the adjustment of urban and rural land use structure,providing an important way out for coordinating the protection of arable land,ensuring development and implementing strict land management regulations.Based on the return of urban-rural land differential income to rural areas,it provides an important means to manifest the value of rural land assets and increase farmers' property income.Using the equal exchange of land elements as a lever has provided important support for balancing urban and rural regional development,promoting rural revitalization and poverty alleviation.Since the implementation of the policy of linking the increase with the decrease,obvious results have been achieved: first,it has promoted the protection of cultivated land and improved agricultural production conditions;Second,the distribution of urban and rural land is optimized to expand the space of urban and rural development land.Third,we promoted the building of a new countryside and balanced urban and rural development.However,some problems worthy of deep consideration have been exposed in the specific implementation process,which are mainly reflected in the one-sided pursuit of saving targets,the emphasis on urban areas over rural areas,the damage to the interests of farmers,the neglect of rural development,and the lack of improvement of rural environment.About with the constant improvement of increase or decrease hook system and strengthening supervision,these problems has improved to some extent,but the problem of rural land development rights and interests protection has not been effective to solve,more of the common pursuit of maximize savings indicators,ignore the farmer rights and interests,ignore the rural industry development,ignoring the improvement of rural ecological environment,at the expense of the rural land development rights.The issue of the right to agricultural land development has become the focus of social concern.The most fundamental reason for these phenomena is that the policy of linking the increase and decrease of urban and rural construction land ignores the right of rural land development,that is,the right of rural land to change the land use.How to protect the right to agricultural land development has become the key to the implementation of the policy of linking increase and decrease.The linkage between increase and decrease is an important institutional innovation of cultivated land protection and land use in China.Whether the system can be implemented smoothly has something to do with the degree of perfection of the system design,but more importantly,it needs the cooperation of relevant systems.Therefore,the research on the protection and measures of the increase or decrease of the linking policy on the right to agricultural land development,in addition to the linking system itself,needs more research on the related supporting system.This paper takes "what-why-how" as the main research idea."What is" refers to the content of the study on the link between the increase and decrease of the right to agricultural land development in China."Why" is to study why the right to agricultural land development in the link between increase and decrease is infringed.The reasons include not only the link between increase and decrease,but also the system itself,such as the non-standard procedure of the link between increase and decrease,the lack of perfect evaluation and assessment mechanism,and the deviation in the role positioning of the government.At the same time,there are also some institutional factors related to the linkage between increase and decrease,such as the ineffectiveness of the urban-rural social security system,the defects of the rural land property right system and the lack of relief system.At the same time,the lack of representative organizations of farmers and the lack of protection of the rights and interests of rural land development in the urban-rural dual structure are also the reasons."How to do" refers to the specific countermeasures,in view of the increase or decrease linked to the general situation of damage to the right to agricultural development and damage reasons,put forward the corresponding countermeasures.At the level of improving the linking system ofincrease and decrease,the role of local government should be clarified,the procedure of linking of increase and decrease should be improved and the evaluation mechanism should be established.At the level of improving the relevant systems related to the increase and decrease,the paper proposes to improve the rural land property right system,the participation system of farmers and collective economic organizations in major issues,as well as the social insurance system and the relief system for the rights and interests of agricultural land development.