Research On Our Country Farming Protection Law

The food is what matters to the people, the earth is foundation of the agricultural.not only the farming is the important producer goods, moreover is the human survival and the development foundation, whether holds the enough quantity the farming resources to relate directly to a national food security and the social stability. In our country this kind of large population, average per person farming level low country, protects the farming to have the specially vital significance. In recent years our country cultivated area actually year by year reduced. For the practical protection limited farming resources, our country legal rule will plant crops the protection to take our country's basic national policy, the central authorities repeated injunctions, will request each place to strengthen the land management, will save with, will stop randomly to occupy the farming, and "Land Control law" will specially plant crops the total quantity dynamical equilibrium system, the basic farmland protection system and the land use control system in the revision and so on rises to the legal altitude. Although said these systems the implementation is helpful to a certain extent to the protection farming, but these systems have not been able to adapt our country economic society fast development, needs to carry on the revision and the consummationThis article emphatically in research farming total quantity dynamical equilibrium. The farming total quantity dynamical equilibrium is plants crops the protection the basic goal, therefore the realization farming total quantity dynamical equilibrium is our country plants crops the protection the inevitably request. Farming total quantity dynamical equilibrium meaning: The farming total quantity is the cultivated area total, the cultivated land quality level and the cultivated land production level sum total; But the dynamical equilibrium is refers to the farming total quantity the overall balance, the region balance, the time balance and the mass balancing, the farming total quantity dynamical equilibrium is not merely quantity and the quality static state balance, but moreover also should achieve quantity and the quality increases and the enhancement unceasingly along with the social economy continually development.Our country implements the farming total quantity dynamical equilibrium the provincial level government responsibility system, various provinces, the autonomous region, the municipality must guarantee in this administrative area the farming total quantity does not have to reduce, the provincial level government must adopt the measure enhancement land management, processes the good protection to plant crops and to construct takes the land the relations, guarantees this administrative division farming total quantity not to reduce. If the farming total quantity reduced, State Council must order the provincial level people's government the farming quantity and the quality suitable farming which organizes in the stipulation deadline to open up wasteland and reduces, and handles jointly with State Council Agriculture Administration Department responsible for the work by State Council Land management Administrative department to carry on the approval.The farming total quantity dynamical equilibrium system already implemented in our country many years, our country present realization farming total quantity dynamical equilibrium correlation necessary system includes: One is the basic farmland protection system. Accounts for our country farming total quantity in our country basic farmland 80%, and practices the stricter protection system to it, so long as then protects the good basic farmland protectorate the farming, our country's majority of lands cannot reduce, the farming total quantity dynamical equilibrium obtained the basic safeguard; Farming"urbanization"examination and approval system. Although"the examination and approval"this administrative action has the planned economy color (pending revision), but its behavior content"the urbanization"is actually controls the farming outflow the important important pass, if"urbanization"the condition is strict, moreover the administrative organ examines and approves legally, the construction takes the few farming, the farming reduction scope also can be small, therefore, the farming"the urbanization"the examination and approval system is safeguards the farming total quantity dynamical equilibrium the important measure; Three, the farming"occupies makes up the balance"the system, requests to take the farming the unit or individual defers to"occupies how many, cultivates how many"the vacancy which the principle, makes up uneven it to take which the farming to create the farming reduces, in the guarantee certain time certain quantity farming. The farming"occupies makes up the balance"the system essence is the microscopic farming total quantity dynamical equilibrium, certainly also realizes the farming total quantity dynamical equilibrium essential measure; Four, the farming takes differently compensates the system. At present, our country law had not stipulated this system, only stipulates its one way, namely land reclamation. Along with the sustainable social economy development, our country will certainly to use this system to increase the farming total quantity; Five is the land reclamation system. The land reclamation system is increases the farming the important way, this system also waits for the consummation.Although our country has many systems to escort the escort for the maintenance farming total quantity dynamical equilibrium, but implementation effect actually not too ideal, this is because the control farming reduces the system is imperfect, but increases the farming the system to lack dynamics actually, and the land administration has many problems to create. Therefore, how did the author to carry out the farming total quantity dynamical equilibrium to put forward several proposals.