Legal Regulation On Sustainable Utilization Of Agricultural Land Resources

Agricultural land resources are natural resources formed in the course of natural history,which can be utilized by human beings.Human existence depends on the food,clothing,and shelter produced by agricultural land resources.Sustainable utilization of agricultural land resources originates from the continuous needs of human beings.The law has formed a legal system of collective property rights of agricultural land resources with Chinese characteristics,which confirmed a relatively complete property rights system of agricultural land resources.However,the existing institutional rules are not able to effectively deal with the dilemma of unsustainable utilization such as cultivated soil exhaustion,agricultural land marginalization and cultivated land non-food.There is a tension between the property rights arrangement of rural land and the people’s need for agricultural land resources.The solution is to start from the resource attributes of rural,respond to the multiple demands in the process of agricultural resource utilization,and systematically build a system of sustainable utilization of rural resources that balances public interests,collective interests,and individual interests.Taking the connotation of agricultural land resources as a logical starting point,we should analyze the causes of unsustainable dilemmas,and explore the basic considerations for achieving the sustainable utilization of agricultural land resources.Agricultural land resources have the general legal commonality of natural resources but also have unique community characteristics associated with the original land of the collective farmers’ community.The sustainable utilization of agricultural land resources is based on the concept of "sustainable development".It not only prioritizes the protection of ecological interests from the perspective of ecological rationality but also shapes the recognition of sustainable utilization by farmers’ collective communities from the perspective of farmers’ welfare.More importantly,it is necessary to ensure agricultural land resources benefit all people fairly from the perspective of rational utilization.To get rid of the unsustainable dilemma,after clarifying the basic considerations for sustainable use of agricultural land resources,we should use them as a guideline to establish corresponding principles.In the legal regulation of sustainable utilization of agricultural land resources,the ecological bottom line of rural development can be determined only by adhering to the principle of green development.The stability of social order can be maintained only by adhering to the unity of balanced interest principle and social interest priority principle.The development of the agricultural industry can be promoted in multiple dimensions only by adhering to the principle of industrial collaboration.The right is the legalized interest,and the right structure of sustainable utilization of agricultural land resources presents the superposition of three aspects.First,there is a legalization process of the sustainable utilization behavior rising to legal rights on agricultural land resources.Sustainable utilization is the basic criterion for the legal rights arrangement of agricultural land resources.Secondly,the right structure of agricultural land resources has both public and private aspects.The public aspect determines the rationality of public law factors to participate in the legal regulation of sustainable utilization of agricultural land resources,which is the implicit feature of agricultural land resource rights.On the other hand,the private aspect is based on the private purpose of the subject and does not necessarily obtain legal recognition and protection,which is the explicit characteristic of the right to agricultural land resources.The "privated" agricultural land resource rights can have legal legitimacy and feasibility only if it meets the requirement of restricting right in public law.Third,collective rights and individual rights are the manifestations of the right structure of agricultural land resources.The allocation of rights to agricultural land resources should be devoted to adjusting the network of legal relations formed by different rights subjects around the sustainable utilization of agricultural land resources,instead of being limited to the logic of property rights allocation.The hierarchical structure of agricultural land rights subjects clarifies the functions and positions of different subjects in the legal regulation system of sustainable utilization on agricultural land resources.The subject system of agricultural land resource rights shows a concrete progressive form from abstract collective to rural collectives to rural households.It includes three levels of structure: The collective aims to safeguard the private legal rights and interests of collective members to share the specific agricultural land resources assets fairly on the premise of protecting the public security interests of agricultural land resources;The rural collective defines the internal and external relations of the members of the collective to activate the production interests of collective organization by defining the identity of farmers,which is the manifestation of the abstract social factors of peasant collective in the constitutional level by civil law;Rural household is the relation link between farmer individual and collective.The rural land rights subjects need to balance the value of private law and the control goal of public law,because public and private interests coexist on farmland resources.Agricultural land resources are loaded with the interests of multiple subjects,including the needs of farmers and the collective,as well as social needs.The community realization of the objective interests of the agricultural land resources rights aims at rational utilization of agricultural land resources through the transfer of the ownership of the interests of agricultural land resources from the society to the collective community.The allocation of agricultural land resources rights can not only point to the arrangement of existing private interests,nor can it be limited to the traditional regulation of private rights.The object interest allocation of agricultural land resource rights should follow the orientation of communization,and realize the transformation from private interest protection to public welfare interest protection,from private rights to community,and from exclusive domination to rational utilization of agricultural land resources.Only by balancing the needs of multiple subjects through the hierarchical allocation of the right interests of agricultural land resources can the community-based effect of agricultural land resources be realized.From social interests to collective members’ interests,and then to farmers’ individual interests,the object interests of agricultural land resource rights are arranged in a hierarchical system of community in a cascading way.The vitality of sustainable utilization legal regulation on agricultural land resources lies in its operation,and it is advisable to pay attention to the following points in China’s operation system: The sustainable utilization of agricultural land resources should be coordinated with the interests of regulated parties in the planning of agricultural land use.The allocation of agricultural land rights should balance the interests of the state,and society with collective,farmers.Agricultural production and operation should clarify the scope of collective assets operation and management,optimize the property rights contract management relationship,and improve the collective cooperative management system.In turn,the effectiveness of the operating system should be ensured in multiple aspects by supervising the use of agricultural land.To make the sustainable utilization sequence between "agricultural land resources and multiple users" adaptable to the demand on marketization by agricultural land factors,it is necessary to build a mechanism to guarantee the sustainable utilization of agricultural land resources centering on the state’s obligation to protect.The guarantee mechanism centered on state protection obligations requires not only the regulation of the relationship between "agricultural land resources and multiple utilizers" by the state,but also the construction of cooperative rules for multiple subjects such as government,society and collective communities,moreover,it is necessary to improve the supervision mechanism of agricultural land resources sustainable utilization to prevent the dissimilation of rights.