Research On The Rule Of Law Guarantee For Gricultural Ecological Security Security From A Spatial Perspective

Agricultural ecological security is a basic security need to ensure the survival and development of human beings,and the realisation of agricultural ecological security is crucial to the maintenance of national security.The agriculture studied in this paper is agriculture in the narrow sense of the word(crop farming),agriculture is an artificial-natural composite ecosystem in which ecosystems and economic and social systems are intertwined,taking into account ecological,social and economic benefits.Agricultural ecological security should therefore be understood under the broader concept of ecological security,and that means the agricultural ecological system are in an intact,healthy,balanced and non-threatened state,in which human agricultural practices are constrained by environmental capacity,resource endowment and ecological conditions,agricultural ecosystem are able to maintain sustainable productive capacity and provide healthy and safe agricultural products,The spatial structure of agriculture in the context of the ecological security pattern has been optimised,and the country has the capacity to address agricultural ecological security issues,the ultimate state of harmonious coexistence between man and nature.Space theory is the theoretical basis for the understanding and realisation of agricultural ecological security,where agriculture is regarded as a spatial existence that carries multiple values,and the agricultural space itself no longer plays the role of a "static container",but rather becomes a constructive and dominant force capable of influencing the natural system,the economic structure,and social relations.Human’s excessive expectations and development behaviors on agriculture have accelerated the flow and drastic changes of agricultural space in an unprecedented way.In the process of expansion,change and reorganization,the imbalance of spatial relations,spatial practice disorder and spatial governance failure have constantly occurred,and finally pushed agricultural to the edge of ecological security risks.Agricultural ecological security involves many problems,is a long-term,complex systematic project,especially need to strengthen the legal protection.However,the "problem-response" institutional logic under the traditional legal narrative is difficult to cope with the extensiveness of the corresponding fields of agricultural ecological security,the spatial extension of risks,and the uncertainty of the origin and development trend of risks.Therefore,it is urgent for legal research to carry out adaptive changes to explore richer rule of law strategies for agricultural ecological security from more dimensions,double the institutional capacity and effectiveness of relevant laws and regulations.In line with the spatial logic of agricultural ecological security,the construction of the rule of law guarantee for agro-ecological security should analyse the legal phenomenon of agricultural ecological security from a spatial perspective,advancing the logical generation of the rule of law for agricultural ecological security through spatial thinking,the spatial turn receives juridical underpinning and condensation,embedding the spatial dimension in the legal norms of agro-ecological security,deconstructing agricultural ecological security into a spatialised rule of law pathway for physical space protection,production space transformation and spatial management optimisation,adequately respond to the spatial order that agricultural ecological security should maintain,and realise the precise allocation of spatial rights and the appropriate arrangement of spatial power.The article consists of five parts:The first is to reflect on the issue of agricultural ecological security from a spatial perspective and to respond to the rule of law.Agricultural ecological security has the dual significance of healthy and stable ecosystem and sustainable development of human society.Space is undoubtedly an effective perspective and method for such a large scale field.Spatial theory has been focussed on critiquing the injustices of resources and products that result from disorderly spatial production,embedding value claims of justice,producing new social relations and governance orders,and also connoting the value of ecological justice.Due to the universal explanatory power of spatial perspective in the face of social and environmental problems,space has been continuously penetrated into legal research and legal practice.Agricultural ecological security from the perspective of space has a strong adaptability,which implies the protection of human space rights,the coordination of differentiated spatial relations,the ecological production of agricultural space and the orderly operation of agricultural ecological security space.At present,agricultural ecological security is still facing serious risks,and the spatial encroachment,sloppy production and inefficient organisation that accompanies agricultural spatial production make agricultural ecological security face spatial relationship imbalance,spatial practice disorder and spatial governance disorder.The realization of agricultural ecological security needs to proceed on the track of rule of law.To obtain good legal governance of agricultural ecological security,it is necessary to establish the value of ecological security in law,transform ecological security from a legitimate standpoint to a legal proposition,and transform the fundamental principle of harmonious coexistence between man and nature contained in agricultural ecological security into a legal expectation.The value pursuit is internalized into the basic principle of the rule of law.The second is the generative logic and path of the rule of law guarantee of agricultural ecological security from a spatial perspective.The prominent contradiction between the supply and demand of agricultural ecological security laws constitutes the background of the transformation of the rule of law space.from the generation logic: deconstructing and analyzing the multiple attributes of geographical unit,social unit,industrial unit,management unit and legal unit of agricultural space is the starting point of understanding the legal guarantee of agricultural ecological security,and can provide it with logical self-consistency and generating power.Spatial change both generates and influences order and nurtures the evolution of law,clarifying the spatial order of agricultural ecological security in terms of physical space protection,spatial transformation of production and spatial management optimisation is the basis for the construction of rule of law safeguards.The rule of law guarantee of agricultural ecological security in a spatial perspective requires new jurisprudential support for its logical unfolding,On the jurisprudence basis of the rule of law,agricultural ecological security legal relations as a two-way construct of spatial legalisation and legal spatialisation;in terms of value orientation,the spatial legal relationship of agricultural ecological security should transcend the subject-object dichotomy,and the spatial rule of law should follow the holistic methodology and contain the logic of the value of fairness and justice;in terms of rule updates,agricultural ecological security should be considered coherently under a spatial perspective,revealing and summarising the need for spatial rules that it poses,this includes the legalization of ecological space and the expansion,object expansion and goal transformation of space-oriented agricultural ecological security legal norm system.Based on the above cognitive logic,the implementation path of the rule of law foragricultural ecological security includes the spatial pattern of agricultural physical space is optimized,the spatial process is strictly integrated,and the spatial interests are coordinated;adequate scale of agricultural production at the spatial level,standardisation of production,biotechnology risk prevention;agricultural spatial management dimensions for governance transmutation responses under the spatial turn.The third is the rule of law guarantee of ecological security of agricultural physical space.First,in order to improve the ecological suitability of agricultural physical spatial layout,we should strengthen the supply of resilient adjustment legal system.The legal system of resilient adjustment is able to classify the quality of agricultural physical space,refine the classification of grade indicators,and improve the degree of refinement of control measures.The implementation of resilient adjustment also needs to strengthen the supporting legal system,and the improvement of the legal system for land-use regulation,the protection of permanent basic farmland,the compensation for the occupation of arable land,the rotation of arable land for fallowing,the classification and management of agricultural land,and the management of the permanent basic farmland reserve area.Secondly,in order to enhance the rigour of the spatial process,the provision of a legal system for the governance of the entire process should be strengthened.The legal system of agricultural spatial planning should ensure that the planning object can be accurately divided,the planning content can be connected at multiple levels,and the planning means can achieve full control of elements and the combination of "rigidity + resilient".The legal system of agricultural ecological risk control should expand the subject,expand the scope,deepen the object and improve the standard on the basis of the legal system of soil pollution risk control.To improve the quality of agricultural physical space,it is necessary to achieve "three points of construction and seven points of management",so we should strengthen the evaluation and supervision of management and care after space construction,supporting security,and the construction of relevant legal systems for responsibility allocation.Finally,in order to enhance the degree of spatial benefit coordination,the legal mechanism of agricultural ecological protection compensation incentive and constraint should be improved.Agricultural ecological protection compensation is more suitable for the incentive and constraint mechanism that the protection effect is linked to the fund transfer payment.In practice,the operation of this mechanism is still not smooth,and the legal mechanism should be improved for the correction of incentive and constraint objects,structural symmetry,dynamic and flexible mechanism,adjustment function strengthening and algorithm optimization.The fourth is the rule of law guarantee of ecological security of agricultural production space.First,strengthen the review and optimization of the legal system of agricultural moderate scale management.Agricultural moderate scale management is the favorable "soil" for realizing agricultural ecological security,which is realized through land scale and service scale.To achieve the appropriate scale of agricultural operations,we should optimize the legal system of subject qualification access,ensure the stability of operating prices in accordance with the law,establish a legal system of operating risk prevention,improve the legal system of operating responsibility protection,and improve the legal system of market incentives.Secondly,strengthen the legal relief and drive of agricultural production ecological norms.The ecological regulation of agricultural production should change the traditional regulation paradigm of damage control,and follow the ecological economic view to achieve legal improvement.It includes establishing the legal system of total agricultural production behavior control under the goal of ecological environmental quality,improving the legal system of realizing the ecological market value of agricultural products.Finally,strengthening risk prevention and legal improvement in agricultural biotechnology.Agricultural biotechnology risks are characterised by scientific uncertainty,and the precautionary principle should be adhered to to deal with it.In this regard,the Regulations on the Management of Agricultural Biosafety and supporting regulations should be formulated,and the legal system for the assessment of agricultural biotechnology risk experts,the legal system for information disclosure,the legal system for collaborative management,the legal system for identification management,and the legal system for application declaration and approval should be improved based on the principle of risk prevention.The fifth is to optimize the rule of law guarantee of agricultural ecological security space management.Based on practical research,agricultural ecological security space management is faced with many problems,the causes of which can be attributed to the institutional inversion of vertical inter-governmental relations,the institutional fragmentation of horizontal inter-governmental relations and the lack of multiple cooperative governance.On the one hand,we should optimize and improve the rule of law path for the intergovernmental management system of agricultural ecological security space.It is necessary to improve the legal norm system,so that the structure layout,system design,and regulations of the National Land Spatial Planning Law fully take into account the actual needs of optimizing the intergovernmental authority of agricultural ecological security governance,and establish external connections with other relevant laws;It is necessary to improve the implementation system of the rule of law from four aspects: vertical coordination and classification of governmental powers,horizontal coordination and integration of governmental powers,matching of agricultural ecological security management powers and responsibilities,and improving the agricultural ecological security governance project system;There is a need to improve the rule of law safeguard system in four aspects,namely,improving the effectiveness of grass-roots governance of agro-ecological security,improving the comprehensive evaluation system,implementing the target assessment system,and increasing the synergy of the protection inspectors system.On the other hand,legal norms should be improved in the direction of multi-dimensional synergistic co-management of agricultural ecological security space.It is necessary to establish a new pattern of pluralistic co-governance with clear powers and responsibilities,joint contribution and sharing at the main body level,promote the optimization and transformation of multi-dimensional governance and multi-lateral governance structure at the object level,and improve the governance efficiency of cohesion,inclusiveness and stable order at the functional level.In order to achieve normative advancement,it is necessary to clarify the transformation of multiple cooperative governance paradigm in the environmental code,and at the same time promote the concrete presentation of multiple cooperative governance of agricultural ecological security in the territorial space legal system.