The Research On The Legal Issue Of Cultivated Land Eco-compensation In The Process Of Urbanization

With the acceleration of the urbanization process,the phenomenon of non-agricultural land squeezing is prominent,and influenced by the traditional mode of protection of natural resources,people pay more attention to the economic value and social value of cultivated land resources,while ignoring the ecological value of cultivated land resources.The nature of cultivated land resources is neglected,which brings down the decline of cultivated land foundation,serious pollution of cultivated land,soil erosion and so on,which restricts the sustainable development of society.Therefore,the full range of cultivated land resources to protect the need to further increase.However,the relevant theories and practices of cultivated land Eco-compensation are still in the exploratory stage.From the theoretical point of view,the cultivated land is the most important factor of cultivated land Eco-compensation,which is the important measure of ecological value,economic value and social value of cultivated land resources.Eco-compensation of the legal connotation,legal relations and other issues need to be clear.From the practical research,China's current Eco-compensation system of cultivated land is far from meeting the realistic demand,and it is urgent to guide the concrete practice of systematic,scientific and effective Eco-compensation system of cultivated land.Therefore,it is one of the important paths to scientifically protect cultivated land by perfecting the relevant legal system of cultivated land Eco-compensation.The structure of this paper is as follows:The introduction part,mainly discusses the three aspects of content.Firstly,the significance of the study on the legal problems of cultivated Land Eco-compensation in the process of urbanization.Secondly,the research on the related problems of cultivated land Eco-compensation in the process of urbanization.Thirdly,discrimination of the related concepts of cultivated land Eco-compensation in the process of urbanization.The first part,based on the current scholars' research on the shortage of cultivated land Eco-compensation and the problems encountered in the concrete practice,the legal problems of cultivated land Eco-compensation in the process of urbanization are as follows: the legal compensation relationship of cultivated land Eco-compensation is not yet clear;in the process of urbanization,the Eco-compensation of cultivated land lacks effective legal supervision.The second part,from the ecological economics and law and other aspects of urbanization in the process of Eco-compensation theory.The theoretical basis of Marxist theory mainly refers to the theory of Marxist ecological philosophy and Marx's theory of rent.The theoretical basis of ecological economics mainly refers to the theory of externalization and the theory of sustainable development.The theory of legal theory is mainly based on the theory of value.The third part,through the study of the practice of cultivated land Eco-compensation in Shanghai,Shanxi province and so on,this paper analyzes the legal system of cultivated land Eco-compensation from the perspective of compensation of cultivated land ecological protection and the ecological restoration of cultivated land,clarifies the legal relationship of cultivated land Eco-compensation,the necessity of compensating the legal standard and constructing the legal supervision mechanism of cultivated land Eco-compensation.Which discussed the reasons for the selection of local samples,practical contents and practical experience.The fourth part,through the analysis of the practice of cultivated land Eco-compensation,which is represented by the United States,Britain,Germany,France and Japan,this paper discusses the significance of the practice of cultivated land Eco-compensation in China: The complete legal system of cultivated land Eco-compensation is the foundation;diversification of cultivated land Eco-compensation is the focus;reasonable farmland Eco-compensation supervision mechanism is guaranteed.The basic ideas of the legal system of cultivated landEco-compensation in the process of urbanization in China are as follows: To clarify the legal relationship of cultivated land Eco-compensation;To optimize the legal standard of cultivated land Eco-compensation;To improve the legal supervision of cultivated land Eco-compensation mechanism;Perfect the relevant legislation of cultivated land Eco-compensation.The author thinks that it is clear that the Eco-compensation of cultivated land will be the Eco-compensation of cultivated land.Optimizing the Eco-compensation standard of cultivated land makes the protection of cultivated land in China to a deeper level,and perfecting the legal supervision system of cultivated land Eco-compensation to realize the unity of cultivated land quality and quantity.