Research On The Legal Problems Of Cultivated Land Protection From The Perspective Of Land Development Right

The use of cultivated land for agricultural production is the basis of ensuring food security.Therefore,the protection of cultivated land resources is to ensure national food security.Since the implementation of land use control as the core of the land protection system,the work of land protection has achieved remarkable results,and the steady increase of grain production has realized the basic selfsufficiency of grain and the absolute security of food.Despite the strong impact of the COVID-19 pandemic,China has still achieved good grain production,ensuring that the rice bowl is firmly in the hands of the Chinese people.With the acceleration of our urbanization process,the current system of cultivated land protection with land use control as the core is not operating properly.This paper analyzes the causes of the problems by combing the current legislation and practice of cultivated land protection.From the perspective of land development right,it is found that the current cultivated land protection and control system has obvious quasi-expropriation nature,and excessively restricts the right of owners of cultivated land to gain land appreciation and development benefits by changing the nature and intensity of land use.Therefore,the more strict the farmland protection control system is,the less satisfactory the farmland protection effect is.In this regard,the author thinks that the legal system of farmland protection compensation should be further improved to realize coupling with the current farmland protection system with land use control as the core.Clarify the legislative principle of the cultivated land protection compensation system and improve the relevant system content,and give farmers the right to request compensation for cultivated land protection.By compensating the land development interests of the land owners who are restricted in the development and utilization of the land,the endogenous motivation of protecting the land can be stimulated and the long-term and effective implementation of the land protection system can be promoted.