Study On Illegal Construction In Rural Areas In The Protection Of Cultivated Land In Hui Zhou Hui Yang District

Since China is in the accelerated industrialization and urbanization,local governments at all levels give priority to the protection of cultivated land to ensure economic development.All kinds of resources incline to the economic development,which makes the frequent misappropriation,resulting in poor quality and grim situation of cultivated land protection.In particular,since the update of the "Third National Land Survey",The State Council has issued the Notice on Resolutely Stopping the "Non-agricultural" behavior of Cultivated Land,and the Work Plan for The Problem of Unauthorized Occupation of Cultivated Land for Building Houses in Rural areas.The problem of illegal construction in the protection of cultivated land has become the focus in the near future,and rural areas have become the essential contradiction.Why does rural illegal construction repeatedly occur? Why do illegal construction and cultivated land protection conflict frequently? What are the underlying reasons? How to curb the momentum of illegal construction in rural areas and ensure national food security?Taking Huiyang District as a case,this paper studies the problem of illegal construction in the protection of cultivated land in rural areas.With field investigation and data sorting,it sorts out the status of the protection in Huiyang District and the unauthorized construction.Then it summarizes the characteristics and types of illegal construction of rural cultivated in Huiyang District,analyzes the reasons of frequent illegal construction from the perspective of legal system,government,rural inherent thinking and objective economic development needs,so that putting forward targeted improvement measures.Under the investigation of the current situation of illegal construction in rural cultivated land protection in Huiyang District,it is found that compared with the data of "Third National Land Survey",the cultivated land area of the whole district has decreased by 4533.37 hectares.The protection of cultivated land is severe,the area of cultivated land is shrinking rapidly,and the number of farmers who mainly live on cultivated land is gradually decreasing.In Huiyang District,the proportion of unbuilt cultivated land to unbuilt area is significant with increasing trend,which poses great challenges to food security and unbuilt construction management.It has insufficient protection policy,single cultivated land protection measures,vague task assessment index,inadequate rural cultivated land protection effect.In Huiyang district,the number of illegal cultivated land construction is increasing year by year with concentrated area.At the same time,the existing types of illegal construction are divided into four categories: public service facilities occupied cultivated land,business land occupied cultivated land,facility agricultural land occupied cultivated land,private residential land occupied cultivated land.It analyzes the reasons for illegal construction under the protection environment in Huiyang District,which are mainly summarized into four factors: firstly,the imperfect legal and regulatory system,mainly manifested as the failure to continue the construction of legal system in superior departments,the lack of existing legal penalties,and the imperfect land property rights system.Secondly,the governmental extensive way of law enforcement and supervision,mainly manifested as insufficient coverage of scale indicators,weak law enforcement and supervision,cumbersome approval procedures,lagging village planning.Thirdly,the inherent wind of rural residents is difficult to eradicate,mainly manifested as the relative backwardness of the villagers’ consciousness,the serious idea that the law dosen’t punish numerous offenders,and the phenomenon of household must be built is still severe.Fourthly,the disadvantages of the existing system and the direction of economic development,mainly manifested as the village level has not established the financial system,the division of responsibility confusion,low economic benefits of farming and rural migrant population surge.