| Construction land supply is one of the crucial factors that affect ecological security. Inadequate supply of construction land may cause structural imbalance and function decline of ecosystem. To control the ecological security threat from construction land, we must go deeper and strike the root of the problem. So we should seek scientific mode of supply from scale, structure, distribution of time or space and other elements of construction land supply. And this formation and implementation of construction land supply mode need the legal system, which has credibility, force, rechtskraft and executive force, to be ensured and promoted.The main purpose of the research of construction land supply legal system which is based on ecological security is analyzing influencing mechanism, building legal system and implementation mechanism of ecological safety and the land supply through the research achievements and practical experience.Domestic study of ecological security, mainly concentrated in the aspect of ecological security evaluation based on the pressure-state-response. Using RS, GIS and BP neural network to puts forward the evaluation index system, establish the evaluation model, analysis the results and put forward suggest of promoting ecological security in view of the evaluation objects. At the same time, specific area or type of ecological problems are studied and solve and maintenance measures are discussed. People who study ecological security abroad, mainly put forward the concept of ecological security, discuss the relationship among the ecological security, economic security, social security and national security. They believe every aspect such as social and economic policies, the country’s political structure and the legal system that can influence the ecological security should be changed to control and reduce the ecological risk. The domestic study of construction land supply mainly has four aspects:Construction land supply policy system, construction land market supply mechanism, the property rights protection and the empirical research. And main system includes use control system and the economical and intensive system. Foreign research on construction land supply is mainly concentrated in the field of economics. The study points out that the land is one of the three factors of production. Land supply, demand and land price has its own particularity, and land supply has close relationship with economic growth, so efficient use of land resources can greatly promote economic growth. Domestic research of construction land supply which is based on ecological security includes construction land space early warning, control of the aggregate land for construction purposes and space control partition. Abroad study includes ecological city construction and ecological community construction. Study on system mainly includes environment impact assessment system and so on.Based on ecological security construction land supply, legal system research should be based on the existing theoretical results. These theoretical results should be included security and ecological security, land supply and demand, construction land and farmland, powers and rights, the construction and implementation of legal system, etc. Referred to in this article, the ecological security, it is to point to human survival and development process, regardless of their area, including now and future, the ecological system balance in structure, stable function, and can continue to provide for human survival and development of high quality resources which meet the needs of material and spiritual enjoyment. The way of construction land supply referred in this article is the main body will supply land to qualified units or individuals at a certain price. The legal system referred in this paper is the political, economic rules and procedures created by the government according to certain purpose and procedure, as well as the implementation mechanism of them.Between the construction land supply and ecological security, there exist two relationships:The mutual exclusion and mutual benefit. Mutual exclusion is the major relationship. It performs as severe environmental pollution, resource destruction and biological security threats due to the supply. The main reason of mutual exclusion includes:The infinite pursuit of economic growth, over-consumption of resources, insufficient control of the pollutant discharge, lack of restraint in the consumption of resources and so on. To slow the exclusion, people should adjust the scale, structure, layout and rhythm of the supply. Meanwhile, there also exists mutually beneficial relationship such as food security, environmental management and ecological improvement. The main reason that cause mutually beneficial includes government regulation, public awareness and advancement of science. The relationship could be promoted through special supply of construction land, modification on the ecological fragile area, reduce of the ecological crisis and ecological disaster relief.According to its main goal, construction land supply approximately has the following modes:Rights protection oriented supply mode, which emphasizes the protection of rights including construction land ownership, use and other rights, and its starting point is the’legal rights should not be infringed’; economic growth oriented supply mode, which emphasizes the core status of economic development, and its starting point is’development is the absolute principle’and’delays are dangerous’; food security oriented supply mode, which emphasizes that construction land supply should not occupy basic farmland, and its starting point is’food security’; conservation and intensive utilization of resources oriented supply mode, which emphasizes the efficient use and protection of scarce resources, total quantity control of the supply, and its starting point is’Sustainable use of resources’; environment friendly oriented supply mode, which emphasizes that construction land supply shall be submitted to the low pollution, low damage, low consumption, but high benefit industry in order to reduce the damage to the environment at the same time as development, and its starting point is’Economic and social sustainable development’. But with the development of ecological security research, people begin to explore and establish ecological security oriented supply mode in order to find a way which the supply of construction land can promote the ecological security, economic growth and social harmony.Along with the evolution of the legal system of construction land supply, ecological security value position is in evolution, too. In the supply system dominated by interests and economic growth, the ecological security value couldn’t be reflected. In the supply system dominated by food security, the content of the cultivated land ecological security maintenance has already existed. In the supply system dominated by conservation and intensive land use, the scope of land resource ecological security maintenance has been expanded. In the supply system dominated by environmentally friendly, the ecological security maintenance has been reflected by environmental impact assessment. With the deepening of the ecological security research and changes of economic and social development situation, ecological security will be the basic value goal of construction land supply system.Based on ecological security, we must set up legal system of construction land supply. Establish the basic value position of ecological security, thematic value position of economic growth and nature value position of social harmony. Economic growth should be based on the ecological security, not be at the cost of ecological security. The growth should be on the premise of ecological security. At the same time, Ecological security shall serve the economic growth. People can’t impede or prohibit economic growth by maintaining ecological security. But people shall also shift the pattern of economic growth, develop circular economy and low carbon economy to reduce and control for ecological security threats. Ecological security also is the basis of social harmony which includes the harmony of man and nature. So we should build harmonious society around the theme of economic growth and on the base of ecological security. We also should establish objective system of construction land supply in such aspects like promoting ecological security, economic growth, social harmony and the application of science and technology. And adhere to the following principles:coordination between scale of construction land supply and ecological carrying capacity; coordination between the supply structure and pollution control; coordination between the layout of the supply and ecological security pattern; coordination between the rhythm of the supply and the security of ecology-economic-social system.Based on ecological security, the supply of construction land ecological control system should be established. This system includes ecological safety standards that provide reference basis for ecological control; includes standards of classification of construction projects pollution and destruction that can give priority to the construction project with low consumption, low pollution, low damage, low investment but high benefit, and control the scale of construction land supply and the structure according to the ecological security classification and standard classification of destruction and pollution. Also, the ecological security planning should be prepared, make people to divide construction permitted zone, conditionally-permitted zone and banned zone according to needs of ecological security. So that construction land supply must conform to the ecological security planning. And supply should only be allowed in permitted zone or conditionally-permitted zone, not the banned zone. Moreover, people can issue construction land ecological safety license, they can supply construction land to construction projects which meet the requirements for ecological security after granted other qualifications. If any of the project doesn’t meet the requirements for ecological security, people won’t provide the qualification of supply. Meanwhile, compensation system of ecological security is necessary. According to this system, ecological security beneficiaries shall pay the corresponding compensation to region or person that may lose rights and interests due to maintain ecological security. This can achieve a certain degree of ecological justice. People can establish ecological safety monitoring and reward-penalty system, to reward someone promotes ecological and penalize someone doesn’t.Ecological control system is a system engineering, so in addition to the core system, it also need the following necessary auxiliary system which can’t surpass dominant position of the core system but is good for implementation:construction land ecological compensation system, construction land crisis early warning system, construction land ecological security information system, construction land ecological safety accidents emergency response system, construction land ecological security file system, public interest and private interest conflict coordination system, public participation system and etc.. The work of ecological security information includes collecting, sorting, analysis, evaluation information and establishing the database of ecological security. The content of ecological security information system of the supply includes main body, methods, procedures, supervision and responsibility of the collecting, sorting, analysis, evaluation, storage, applications, open and management of ecological security information. The content of ecological crisis early warning system of the supply includes the monitoring system of ecological security, the index system of ecological crisis, crisis early warning system, the supervision and inspection system and etc.. The content of construction land ecological accident emergency disposal system includes emergency handling, recovery and information release, and emergency organization system, operation mechanism, emergency protection, supervision and management. The content of construction land ecological security file system includes collection, collation, archiving, identification and use of data of construction land supply ecological security.Ecological control system may conflict with the economic development policy, the market economy system, private rights and others. There are conflicts between ecological regulation and policy of economic development. The mode, industrial policy, project selection and resource consumption of economic growth shall be controlled to maintain ecological security, that will Inevitable slow the economic growth. There is also a conflict between ecological control and market system. Ecological control is government direct intervention in the allocation of resources. This will influence the market mechanism to play its efficient allocation of resources function. Ecological control could lead to a conflict between the public and private interest, ecological control maintains ecological security by limiting the public power and private rights, and private always sought to maximize interests. Conflict coordination mechanism including equitable distribution of power and benefit compensation should be built to control the ecological crisis or violence.The implementing subject of construction land supply legal system based on ecological security can be divided into two categories, public subject and private subject. According to the differences of supply subject and implementation purposes, construction land supply can be divided into public supply and market supply. We should clear the implementing subject of construction land supply legal system. And if the government is the subject, responsibility and authority of the government should be cleared. And if construction land property owner is the subject, rights and obligations of the owner should be cleared. Subject can only supply the land under the premise of in accordance with the requirements of the ecological security. Subject shall bear the corresponding responsibility if not in accordance with the requirements.The implementation process of construction land supply legal system based on ecological security shall be designed by the target of fair, open, justice, order, efficiency and human rights. Construction land public supply should adhere to the principle of people-oriented, increasing social public welfare, promoting social fairness and justice. The basic process is preparing the public supply planning, formulating public supply plan, studying the feasibility of public supply, getting the license for the public supply, preparing public supply, implementing the public provision, and regulating and maintaining the public goods. Construction land market supply process should adhere to the principle of legal, freedom, equality, honesty and credit. The basic process of it is getting the qualification for market supply, supplying construction land through market, paying the relevant taxes, registering the change of the ownership and usage, and collecting and releasing construction land market information.Implementation of construction land supply legal system based on ecological security may have issues such as planning conflicts and department conflicts. Conflict performance into conflict between single and others, single and the whole system, internal conflict, and conflict between the different system. These conflicts exist because of the difference of value goal, target, region and time. And the conflict can’t be solved by perfect the individual planning. So according to the whole planning system, the fundamental value target system and effectiveness hierarchy system of all kinds of planning should be designed to unite each single planning. Administrative legislation should be strengthened to solve the department conflict of construction land supply legal system. Value goal conflict of laws and regulations shall be coordinated as far as possible. Corresponding countermeasures shall be formulated according to the principle and level of conflict. At the same time, administrative system should be improved to strengthen the power operation and supervision system.Implementing benefit evaluation of construction land supply legal system based on ecological security is the quantitative analysis and qualitative evaluation of the effectiveness of the construction land supply legal system. A comprehensive evaluation index system including ecological benefit, economic benefit and social benefit should be established. The system use evaluation method mainly on objective evaluation and bring the results of implementing benefit evaluation into performance appraisal system of leadership, in order to make the implementing benefit become one of the basis of leadership adjustment, rewards and punishment.Any legal system is not adapt to all social status and permanent works. And any legal system should do periodic adjustment to adapt to the phase change of the ecological-economic-social composite system. Construction land supply legal system based on ecological security also shall timely adjust.This paper focuses on the construction of ecological security based on the legal system of land supply. The paper hope to make efforts for maintenance of ecological security by putting emphasis on steering position of ecological safety and exploring the way of establishing ecological control type of construction land supply system. |
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